Category: Limited duration alimony

Alimony – all thirteen factors must be considered and given due weight, and the duration of marriage is only one factor to be considered

Permanent alimony versus limited duration alimony

The purposes of limited duration alimony is to address a dependent spouse’s post-divorce needs following shorter-term marriages, in situations where permanent or rehabilitative alimony is not warranted but where economic assistance to the dependent spouse for a short period of time is nevertheless justified

The length of the marriage is particularly relevant in determining whether to award limited duration rather than permanent alimony

The length of a limited duration alimony award may not be modified except in unusual circumstances

The defining distinction between permanent and limited duration alimony is the length of the marriage

Courts are to set the term of limited duration alimony by considering the length of time it would reasonably take for the recipient to improve his or her earning capacity to a level where limited duration alimony is no longer appropriate

Limited duration alimony may not be used if permanent alimony would otherwise be available

The court is obliged to look to the extent of actual economic dependency, not one’s status as a wife in making its alimony decision

Limited duration alimony is appropriate only for marriages of short duration and may not be substituted where permanent alimony should otherwise be awarded

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