Spousal Support & Alimony Calculations Flashcards
7 cards from real CDA practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Spousal Support & Alimony Calculations flashcards as text
A marriage lasted 25 years and one spouse never worked outside the home. Courts in most states would likely award which type of support?
Answer: Permanent or long-term alimony
Long marriages where one spouse gave up career opportunities often result in permanent or long-term alimony awards.
The 'needs and ability to pay' standard in alimony cases primarily evaluates:
Answer: The recipient's financial need versus the payer's financial capacity
Courts balance the recipient's demonstrated financial need against the paying spouse's actual ability to make support payments.
When calculating alimony, 'imputed income' means the court:
Answer: Assigns income to a spouse based on earning capacity, not actual earnings
Imputed income is assigned when a court believes a spouse is voluntarily underemployed or unemployed and could earn more.
A CDA client's spouse received a large inheritance during the marriage. How does this typically affect an alimony award?
Answer: Inherited assets may be considered as a resource reducing the recipient's financial need
While inheritances are usually separate property, courts may consider them as a financial resource when assessing the recipient's need for alimony.
Which of the following best describes 'bridge-the-gap' alimony?
Answer: Short-term support to help a spouse transition from married to single life
Bridge-the-gap alimony covers a very short transition period (often 2 years or less) to help a spouse manage immediate post-divorce needs.
A paying spouse claims inability to pay current alimony due to job loss. To modify the award, courts generally require:
Answer: A substantial and involuntary change in financial circumstances
Most courts require a showing of a substantial, material, and involuntary change in circumstances to justify an alimony modification.
In equitable distribution states, how is fault in the marriage breakdown (e.g., adultery) generally treated in alimony decisions?
Answer: Fault may be considered in some states but is rarely the primary factor
While some equitable distribution states allow fault to be a factor, most treat it as one of many considerations rather than a controlling factor.