Explain the difference between permanent alimony
and rehabilitative alimony.
The courts have determined that rehabilitative
alimony is appropriate in situations in which it
is possible for a person to develop or redevelop
a capacity for self-support. Such alimony
should be limited in amount and duration to what
is necessary to maintain that person through
his/her training or education, or until he/she
obtains employment or otherwise becomes
self-supporting. The considerations for
rehabilitative alimony include age, education,
duration of marriage and standard of living
enjoyed during the marriage.
In cases in which a spouse is a
senior citizen and has never been employed, the
court will usually award permanent alimony
instead of rehabilitative alimony. In cases in
which a spouse has been accustomed to a high
standard of living and has never been employed
but has certain job skills, thereby enabling
him/her to reestablish himself/herself, then a
mixture of both rehabilitative and permanent
alimony could be established.
What is the normal procedure regarding the
marital home in divorce proceedings?
There is no normal procedure regarding the
marital home in divorce proceedings. The home
may be sold with the equity being divided
50/50. The wife or husband may be allowed to
live in the home for a certain number of years
with the equity being divided when the house is
finally sold. One party may receive the house
as part of the separation agreement. There are
many variables in deciding who will retain
possession or how the equity will be divided in
a marital home during divorce proceedings.
What are the proper procedures to follow if a
spouse stops making alimony payments?
The court has provided a number of ways in which
a spouse can collect alimony payments that have
not been made. The methods include contempt
proceedings, attachment proceedings, garnishment
proceedings, and a variety of other actions
available to insure that alimony payments are
How difficult is it to modify a divorce
agreement and judgment after the divorce?
There are three areas that are generally subject
to modification after a divorce. They are (1)
modification of parental responsibility, (2)
modification of alimony, and (3) modification of
child support. All three areas have definite
procedures that can be followed to change
judgments and agreements with appropriate
cause. The courts will not hesitate to make
changes in judgments or agreements if there is a
sufficiency of pleadings to show just cause.