If I ask for alimony what kind of alimony could I get? We answered in an earlier blog that a man or a woman can receive alimony. What kind of alimony.
There are three types of alimony. There is alimony in future, alimony that's rehabilitative, and alimony in solido.
Alimony can be "in futuro." This type of alimony is often what people think of when they think about alimony. With alimony in futuro a judge orders that one person is going to receive alimony, and the other person is going to pay alimony, for the life of that individual or to the remarriage of that individual. This is kind of the classic alimony that we think about. Often in the old days one partner received alimony until that partner died or remarried. That is alimony in futuro.
With alimony in futuro a judge orders that this person is going to receive alimony, and the other person is going to pay alimony. The Order to pay is for the life of that individual or until the remarriage of the former spouse. In other words this is kind of the classic thing that we think about in the old days. One former spouse received alimony until that person died or remarried. There has been recent case law that says you can contract around this. You can say even if you remarry I agree to pay alimony. That is alimony infuturo.
Alimony can be in solido. When you think of in solido think about a lump sum. Maybe a court is asked to divide out a marital estate. For our blog let’s make up a story. Suppose Husband and Wife decide to get a divorce. During the marriage they bought houses, stocks etc. In negotiation they arrive at the value of the marital estate. Suppose a marital estate is worth $200,000. Imagine a judge saying that the man and wife will split the estate 50/50. An order like this means the Husband gets $100,000 of the value and the wife gets $100,000 of the value. Getting "the value" does not mean cash. Maybe part of the estate is a house worth $100,000 plus the couple has $10,000 cash and a stock account worth $90,000. A judge will look at the total value and then decide how to divide the estate. A judge might say well, because of the economic ability of one ex and the need of the other ex the court is going to give the wife more than 50/50.
The judge could order another percentage. The court can look at the ability of one spouse and the need of another and reach a percentage other than 50/50. Suppose the Judge Orders wife to receive 70% of the marital estate? At that point the husband would get thirty percent of the estate. With alimony in solido a Judge can divide up or give assets to the needing party. A judge can order that one ex gets the a specific asset which as a specific value. To reach a division the Court can order a specific asset sold to get the ordered division.
Remember, the decision of who gets alimony and in what amount Does not get decided based on gender. Alimony can be awarded to a man or a woman. The question is who is in need and who has the ability to pay. With alimony insolido we should think about a lump sum.
Alimony can be rehabilitative. Sometimes rehabilitative alimony is called transitional alimony. To understand rehabilitative alimony think about a couple that gets married. Maybe both of the parties were in school. Suppose one of the parties says they will drop out of school and work so that the other person can dedicate full time effort to study and preparing for a better career. In another example suppose a mom and dad agree that one of them will stay home and be devoted to raising the children. That person is taken out of the work force for several years. In a our example one of the spouses might need more education, maybe some special training or other help to reenter the workforce. In a situation like this a court could order that one party is going to pay the other party a specific amount of alimony for a specific amount of time. Suppose one of the parties needs to attend special training and that training will take twelve months. The judge could order the paying ex to pay alimony for the set amount of time. A judge might order one ex to pay the other ex for the next twelve months.
We have learned that there is alimony in future, alimony in solido, and rehabilitative alimony. None of these alimony types distinguishes between male and female. Know what type of alimony there can be.
I'm Jef Goldtrap in Nashville. My goal was to answer your question and help you out.
Thanks and have a great day.