Am Jur 2d - Divorce and Separation § 572

III. Spousal Support; Alimony and Other Allowances, A. In General, 1. Overview, § 572 - Classification of alimony

Alimony is divided into three classes according to the time and purpose of the allowance: (1) temporary alimony,[1] which is for maintenance during pendency of the action[2] and may include the payment of counsel fees and other expenses of the litigation;[3] (2) permanent alimony,[4] which is made upon a judgment of separation or divorce;[5] and (3) rehabilitative alimony,[6] which is designed to place the dependent spouse in a position of self-support.[7]

Practice Tip:

Temporary alimony may, depending on the jurisdiction, be referred to as ad interim alimony, alimony pendente lite,[8] interim periodic support,[9] interim spousal support,[10] or postseparation support.[11]

Cases:

Under Illinois law, a support obligation can take several forms, including: (1) "periodic maintenance," that is, payments for an indefinite period in an indefinite amount subject to modification in response to a change in the parties' circumstances, (2) "maintenance in gross," a fixed sum of money, payable in installments for a fixed period of time, that is nonmodifiable, and (3) "property settlements in lieu of maintenance," a lump sum payment, often payable in installments, given in exchange for a waiver of rights, including periodic maintenance, that is nonmodifiable. In re McLain, 533 B.R. 735 (Bankr. C.D. Ill. 2015) .

All case links go to Westlaw and require login.

1   Lowry v. Lowry, 170 Ga. 349, 153 S.E. 11, 70 A.L.R. 488 (1930) ; Stanley v. Stanley, 226 N.C. 129, 37 S.E.2d 118 (1946) .
 As to temporary alimony, generally, see §§ 587 to 617 .

2   § 587 .

3   § 618 .

4   Lowry v. Lowry, 170 Ga. 349, 153 S.E. 11, 70 A.L.R. 488 (1930) ; Stanley v. Stanley, 226 N.C. 129, 37 S.E.2d 118 (1946) ; Marschner v. Marschner, 2001 ND 4, 621 N.W.2d 339 (N.D. 2001) (permanent spousal support is appropriate for a spouse who is incapable of rehabilitation).
 As to permanent alimony, generally, see §§ 662 to 758 .

5   § 662 .

6   Marschner v. Marschner, 2001 ND 4, 621 N.W.2d 339 (N.D. 2001) (rehabilitative spousal support provides a disadvantaged spouse with the time and resources to acquire education, training, work skills, or experience to become self-supporting).
 As to rehabilitative alimony, generally, see §§ 759 to 773 .

7   § 759 .

8   Friezo v. Friezo, 84 Conn. App. 727, 854 A.2d 1119 (2004) ; Swickle v. Swickle, 47 A.D.3d 704, 850 N.Y.S.2d 487 (2d Dep't 2008) ; Busse v. Busse, 2007 PA Super 100, 921 A.2d 1248 (2007) , appeal denied, 594 Pa. 693, 934 A.2d 1275 (2007) .
 Literally, alimony pendente lite means alimony pending the litigation. Napoli v. Napoli, 543 So. 2d 98 (La. Ct. App. 1st Cir. 1989) .

9   Gordon v. Gordon, 966 So. 2d 1216 (La. Ct. App. 3d Cir. 2007) .

10   Loftice v. Loftice, 985 So. 2d 204 (La. Ct. App. 1st Cir. 2008) .

11   Langdon v. Langdon, 183 N.C. App. 471, 644 S.E.2d 600 (2007) .

Read this complete Am Jur 2d section on Westlaw

FindLaw’s hosted excerpts from American Jurisprudence 2d are provided courtesy of the publisher of American Jurisprudence 2d, the industry-leading legal encyclopedia offering unparalleled breadth of coverage of all fields of American law. For full access to American Jurisprudence 2d, including annotations and citations, please visit your local law library or visit Am Jur 2d on Thomson Reuters Westlaw.

FindLaw’s hosted version of American Jurisprudence 2d may not reflect the most recent law. Please verify the status of the section you are researching at your local law library or via Westlaw before relying on it for your legal needs.

Copied to clipboard