| Alimony: Periodic Spousal Support |
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| Alimony, also called "spousal support," is common in many states. It is monetary support given to a dependent ex-spouse to maintain that ex-spouse's standard of living, as it existed during the marriage. Alimony also is given, regardless of the receiving spouse's sex, to compensate for faithful service provided as a homemaker, loss of employment opportunities and the foregone acquisition of skills for the sake of family, and sacrifices made during the marriage. More... |
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| Imprisonment as Grounds for Annulment of Marriage |
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| Annulment is very different from divorce, even though some grounds for annulment are similar to divorce. Some grounds available in divorce are not available in annulment. In most states, if a spouse is convicted for a serious crime and imprisoned consecutively for three years, imprisonment can be a ground for a divorce. While imprisonment is generally not a ground for annulment of marriage, in some states, if the defendant conceals his or her criminal record such as conviction and imprisonment from another spouse, this is considered fraud and can be grounds for annulment. Further, in some states, inmates imprisoned for life may not marry. More... |
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| Impact of Bankruptcy Laws on Divorce Generally |
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| Traditionally, the entire gamut of matrimonial law has been a creature of state law, not federal law. As such, federal courts generally may not intervene in the marital area unless a particular issue comes into conflict with federal law. Bankruptcy is one such area, and it can arise because of the effect that divorce has on spouses' property ownership and financial situation. In divorces involving a complex asset structure or extensive and varied types of property, bankruptcy by both spouses certainly can affect marital property distribution, depending in part on what distribution scheme the forum state follows. Otherwise, it often is the bankruptcy of only one spouse initially that sets off the complicated bankruptcy-divorce scenario. More... |
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| Grounds for Annulment: Mental Incapacity |
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| Under the law, a marriage is voidable in cases where either of the spouses is incapable of understanding the contract of marriage. Some states hold that if the party is incapable of understanding because of insanity or serious mental disorder, the marriage is void. Some state statutes provide that mental illness can be a ground for annulment if the defect prevents the afflicted spouse from appreciating the contract and conferring thoughtful consent to the marriage. More... |
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| Alimony: Reimbursement Support |
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| Reimbursement support is one way in which a spouse (the paying spouse) who received the other spouse's (the receiving spouse's) monetary support during marriage repays that support after the parties divorce. The benefit rendered could be in the form of educational costs, money spent toward establishing or operating a business for the supported spouse, and similar types of support. To be eligible for reimbursement support, the benefits should have been received during the marriage, and the receiving spouse should have provided most of the family support during the marriage period in question. More... |
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