Topic
Alimony
636 published works
Family Law Prof Blog
Case Law Development: Alimony and Property Division May not Be Based on Entirety of Relationship but only the Marriage being Dissolved
By Family Law
In this case, the couple were married for 11 years, had three children, divorced, reconciled and cohabited for a number of years, and then remarried for another six years. At…
Family Law Prof Blog
Case Law Development: A Classic Case Study of Maintenance in Long-term Marriage
By Family Law
In a classic case study of alimony in a long-term marriage, the Missouri Court of Appeals reversed a trial court’s decision to award limited, non-modifiable maintenance of $1000 a month,…
Family Law Prof Blog
Case Law Development: Alimony in Very Long Term Marriage
By Family Law
The Florida Court of Appeals reversed a permanent periodic maintenance award in favor of wife in a 47 year marriage. Both husband and wife were on fixed incomes, though the…
Family Law Prof Blog
Case Law Development: Need for Fair Warning for Termination of Long-term Alimony
By Family Law
The California Court of Appeals agreed with a 61-year-old wife's argument that "the trial court manifestly abused its discretion by pulling the plug on her spousal support after 14 years…
Family Law Prof Blog
Case Law Development: Consideration of VA Disability Benefits in Marital Property Awards and Maintenance
By Family Law
In an opinion providing an exhaustive review of cases from across the United States, the Illinois Court of Appeals held that a trial court may consider accumulated veterans disability benefits…
Family Law Prof Blog
Case Law Development: Cohabitation and Remarriage as Changed Circumstances Justifying Modification of Alimony
By Family Law
The Vermont supreme Court considered three consolidated cases in which the central issue was, "when does cohabitation or remarriage constitute a real, substantial, and unanticipated change of circumstances justifying a…
Family Law Prof Blog
Case Law Development: Spending Patterns As Evidence Of Ability To Continue To Pay Alimony In Spite Of Income Reduction
By Family Law
The Michigan Court of Appeals affirmed a trial court's decision to lower but not eliminate Husband's alimony payment. Husband had lost his job and was near retirement. His income had…
Family Law Prof Blog
Case Law Development: Court may not Impute Income to Starving Artist Wife upon Husband’s Motion to Modify Maintenance
By Family Law
The Massachusetts Court of Appeals reversed a trial judge's reduction of alimony in a case involving an aspiring artist mother. The couple in this case divorced when they were in…
New Jersey Law Blog
New Bankruptcy Act Will Affect Divorce Litigation
The 2005 Bankrupcty Act makes several very important changes in the Bankruptcy Statutes as they apply to divorce litigation.
Family Law Prof Blog
Case Law Development: Modification of Limited Duration Alimony – Retroactive Application of Statute
By Family Law
In this case, the New Jersey appellate court decides that the statute standards for a newly created category of “limited duration alimony” should apply retroactively on any motion to modify…