Pending Alimony Law Changes for 2012
Jan
25
Written by:
1/25/2012 2:19 PM
With every new year comes a new alimony law discussion. Current pending legislation is attempting to have the following impacts on our alimony laws:
- Income Determination – If a spouse that pays alimony is remarried or lives with someone, the new spouse or significant other’s income is not to be considered in modification of alimony proceedings.
- Long Term Marriage – A long term marriage would have a definition of one that has lasted 20 years or more.
- Permanent Alimony would be a thing of the past – For marriages lasting for more than 20 years, there would be a long term alimony. There would be a rebuttable presumption that alimony terminates upon retirement of the person required to pay alimony.
- A Closer look at the Income of the Spouse Who is Receiving Alimony – The receiving spouse would be required to maximize their earning capacity and the court would compute all income that the receiving spouse could reasonably earn after maximum rehabilitation is achieved.
- Attorney’s Fees Limits – Attorney’s Fees awarded may not exceed the greater of $7,000.00 or the reasonable value of the representation of the party paying the fee.
- Standard of Living – This creates a rebuttable presumption that both parties will have a lower standard of living after the dissolution of marriage than the standard of living that they had during the marriage.
- Life Insurance – If the court awards life insurance, the cost of the life insurance would be deducted from the alimony awarded.
- Supportive Relationship – If the recipient of alimony denies the existence of a supportive relationship that is later found to be true, the recipient spouse would be required to refund the alimony paid plus be required to repay the costs and fees of the alimony payor.
An award of permanent alimony is already a difficult feat. And, while many of the considerations above are already being considered by many Judges, if the pending legislation passes the Judge would have a REQUIREMENT to follow these guidelines. What do you think of these guidelines?