Mike Mercury
01-18-2016, 11:46am
I wasn't aware of the extent the divorce laws had been changed over the years.
I'm sure Spence could put on a 6 hour PowerPoint presentation on this... but here's a brief summary:
In states like Massachusetts and Louisiana, the salaries of new spouses may be used in determining the alimony paid to the previous partners. According to lawyers, males are becoming more aggressive in the pursuit of alimony awards as the stigma associated with asking for alimony fades.
Alimony is not to be confused as child support, where, after divorce, one parent is required to contribute to the support of their children by paying money to the child's other parent or guardian.
The determination of alimony varies greatly from country to country and from state to state within the U.S. Some state statutes, including those of Texas, Montana, Kansas, Utah, Kentucky and Maine, give explicit guidelines to judges on the amount and/or duration of alimony. In Texas, Mississippi and Tennessee, for example, alimony is awarded only in cases of marriage or civil union of ten years or longer and the payments are limited to three years unless there are special, extenuating circumstances.
Furthermore, the amount of spousal support is limited to the lesser of $2,500 per month or 40% of the payee's gross income.
In Delaware, spousal support is usually not awarded in marriages of less than 10 years.
In Kansas, alimony awards cannot exceed 121 months.
In Utah, the duration of alimony cannot exceed the length of the marriage.
In Maine, Mississippi, and Tennessee alimony is awarded in marriages or civil union of 10 to 20 years and the duration is half the length of the marriage barring extenuating circumstances.
Other states, including California, Nevada and New York, have relatively vague statutes which simply list the "factors" a judge should consider when determining alimony (see list of factors below). In these states, the determination of duration and amount of alimony is left to the discretion of the family court judges who must consider case law in each state.
In Mississippi, Texas and Tennessee, for example, there are 135 Appellate Cases in addition to 47 sections of State Statute that shape divorce law. As a result of these Appellate Cases, for example, Mississippi judges cannot order an end date to any alimony award.
In 2012, Massachusetts signed into law comprehensive alimony reform. This law sets limits on alimony and eliminates lifetime alimony. Similarly, in 2013, Colorado signed into law alimony (Spousal Maintenance) reform, creating a standardized non-presumptive guideline upon which courts can rely.
In general, there are four types of alimony.
1.Temporary alimony: Support ordered when the parties are separated prior to divorce. Also called alimony pendente lite, which is Latin, meaning, "pending the suit".
2.Rehabilitative alimony: Support given to a lesser-earning spouse for a period of time necessary to acquire work outside the home and become self-sufficient.
3.Permanent alimony: Support paid to the lesser-earning spouse until the death of the payor, the death of the recipient, or the remarriage of the recipient.
4.Reimbursement alimony: Support given as a reimbursement for expenses incurred by a spouse during the marriage (such as educational expenses).
Some of the possible factors that bear on the amount and duration of the support are:
* Length of the marriage or civil union
* Time separated while still married
* Age of the parties at the time of the divorce
* Relative income of the parties
* Future financial prospects of the parties
* Health of the parties
* Fault in marital breakdown
and lastly:
* how to screw the man - to the max - in all possible situations.
I'm sure Spence could put on a 6 hour PowerPoint presentation on this... but here's a brief summary:
In states like Massachusetts and Louisiana, the salaries of new spouses may be used in determining the alimony paid to the previous partners. According to lawyers, males are becoming more aggressive in the pursuit of alimony awards as the stigma associated with asking for alimony fades.
Alimony is not to be confused as child support, where, after divorce, one parent is required to contribute to the support of their children by paying money to the child's other parent or guardian.
The determination of alimony varies greatly from country to country and from state to state within the U.S. Some state statutes, including those of Texas, Montana, Kansas, Utah, Kentucky and Maine, give explicit guidelines to judges on the amount and/or duration of alimony. In Texas, Mississippi and Tennessee, for example, alimony is awarded only in cases of marriage or civil union of ten years or longer and the payments are limited to three years unless there are special, extenuating circumstances.
Furthermore, the amount of spousal support is limited to the lesser of $2,500 per month or 40% of the payee's gross income.
In Delaware, spousal support is usually not awarded in marriages of less than 10 years.
In Kansas, alimony awards cannot exceed 121 months.
In Utah, the duration of alimony cannot exceed the length of the marriage.
In Maine, Mississippi, and Tennessee alimony is awarded in marriages or civil union of 10 to 20 years and the duration is half the length of the marriage barring extenuating circumstances.
Other states, including California, Nevada and New York, have relatively vague statutes which simply list the "factors" a judge should consider when determining alimony (see list of factors below). In these states, the determination of duration and amount of alimony is left to the discretion of the family court judges who must consider case law in each state.
In Mississippi, Texas and Tennessee, for example, there are 135 Appellate Cases in addition to 47 sections of State Statute that shape divorce law. As a result of these Appellate Cases, for example, Mississippi judges cannot order an end date to any alimony award.
In 2012, Massachusetts signed into law comprehensive alimony reform. This law sets limits on alimony and eliminates lifetime alimony. Similarly, in 2013, Colorado signed into law alimony (Spousal Maintenance) reform, creating a standardized non-presumptive guideline upon which courts can rely.
In general, there are four types of alimony.
1.Temporary alimony: Support ordered when the parties are separated prior to divorce. Also called alimony pendente lite, which is Latin, meaning, "pending the suit".
2.Rehabilitative alimony: Support given to a lesser-earning spouse for a period of time necessary to acquire work outside the home and become self-sufficient.
3.Permanent alimony: Support paid to the lesser-earning spouse until the death of the payor, the death of the recipient, or the remarriage of the recipient.
4.Reimbursement alimony: Support given as a reimbursement for expenses incurred by a spouse during the marriage (such as educational expenses).
Some of the possible factors that bear on the amount and duration of the support are:
* Length of the marriage or civil union
* Time separated while still married
* Age of the parties at the time of the divorce
* Relative income of the parties
* Future financial prospects of the parties
* Health of the parties
* Fault in marital breakdown
and lastly:
* how to screw the man - to the max - in all possible situations.