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Transitional Alimony

March 2, 2017

Transitional alimony means a sum of money payable by one party to the other party for a determinate period of time. Transitional alimony is awarded when the court finds that rehabilitation is not necessary, but a spouse needs assistance to adjust to the economic consequences of a divorce or legal separation.

 

Transitional alimony shall be non-modifiable unless:

  • The parties agree it is modifiable;

  • The court orders it is modifiable; or

  • The recipient decides to live with a third person, in which case a rebuttable presumption is raised that:

  1. The third person is contributing to the support of the alimony recipient and the alimony recipient does not need the amount of support previously awarded, and the court should suspend all or part of the alimony obligation of the former spouse; or

  2. The third person is receiving support from the alimony recipient and the alimony recipient does not need the amount of alimony previously awarded and the court should suspend all or part of the alimony obligation of the former spouse.

Transitional alimony shall terminate upon the death of the recipient. Transitional alimony shall also terminate upon the death of the payor, unless otherwise specifically stated in the decree.

 

The court may provide, that transitional alimony will terminate upon the occurrence of other conditions, including, but not limited to, the remarriage of the party receiving transitional alimony.

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