CDA Spousal Support & Alimony Calculations 3 — Questions and Answers
Question 1: A marriage lasted 25 years and one spouse never worked outside the home. Courts in most states would likely award which type of support?
- Bridge-the-gap alimony
- Rehabilitative alimony
- Permanent or long-term alimony (Correct answer)
- Durational alimony capped at 2 years
Correct answer: Permanent or long-term alimony
Long marriages where one spouse gave up career opportunities often result in permanent or long-term alimony awards.
Question 2: The 'needs and ability to pay' standard in alimony cases primarily evaluates:
- Whether the marriage produced children
- The recipient's financial need versus the payer's financial capacity (Correct answer)
- The fault of each spouse in the marriage breakdown
- The geographic location of the family home
Correct 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.
Question 3: When calculating alimony, 'imputed income' means the court:
- Adds the spouses' incomes together and divides by two
- Assigns income to a spouse based on earning capacity, not actual earnings (Correct answer)
- Deducts business expenses from gross income
- Counts investment income as double weight
Correct 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.
Question 4: A CDA client's spouse received a large inheritance during the marriage. How does this typically affect an alimony award?
- Inheritance is always split equally and reduces alimony
- Inherited assets may be considered as a resource reducing the recipient's financial need (Correct answer)
- Inheritance is never relevant to alimony proceedings
- Inherited funds double the alimony award automatically
Correct 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.
Question 5: Which of the following best describes 'bridge-the-gap' alimony?
- Alimony paid in a single lump sum to avoid future disputes
- Short-term support to help a spouse transition from married to single life (Correct answer)
- Support paid until the recipient earns their first paycheck
- Alimony that bridges two separate divorce proceedings
Correct 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.
Question 6: A paying spouse claims inability to pay current alimony due to job loss. To modify the award, courts generally require:
- A written agreement from both spouses
- A substantial and involuntary change in financial circumstances (Correct answer)
- A waiting period of at least 12 months
- Proof that the recipient now earns more than the payer
Correct 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.
Question 7: In equitable distribution states, how is fault in the marriage breakdown (e.g., adultery) generally treated in alimony decisions?
- Fault is completely irrelevant in all equitable distribution states
- Fault may be considered in some states but is rarely the primary factor (Correct answer)
- Fault automatically disqualifies a spouse from receiving alimony
- The guilty spouse always pays double the standard alimony amount
Correct 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.
CDA Spousal Support & Alimony Calculations 3
A marriage lasted 25 years and one spouse never worked outside the home.
Courts in most states would likely award which type of support?