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]
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]
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) .
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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
.
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
.
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
.
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)
.