Contingencies on Alimony Awards

Author(s)

Carol Kim

Details

Faculty editor: Paul Horton
Publication: Contemporary Legal Issues
Volume: 22
Issue:
Start Page: 401
Month: December
Year: 2015
Type: Article

Abstract

Awards of permanent alimony have beginnings, middles, and ends. The beginning is fixed in the court’s judgment of divorce. The end comes when the award terminated or when the divorce court’s power over the award terminates, whichever comes later. Middles and ends may be “fixed” or made “contingent” on the uncertain occurrence of one or more events. An example of a “fixed” amount would be “$1000 per month, not to be modified as to amount under any circumstances.” An example of a “contingent” amount would be “$1000 per month if Bill’s net monthly income is $5000 or more; otherwise, the greater of $500 per month or 20% of Bill’s gross monthly income, determined monthly.” An example of an award of “fixed” duration would be “$____ per month for three years, then $____ per month for the next three years, then $____ per month for the next three years, nonmodifiable as to both amount and duration, at the conclusion of which period of nine years alimony and the court’s jurisdiction over alimony will terminate.” An example of an award of “contingent” duration would be “$____ per month until Supported Spouse receives her teaching credential or earns $3000 per month for four or more consecutive months, whichever first occurs, at which time the award and the court’s jurisdiction over it will terminate.”