Divorce > Washington D.C.
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In Washington, D.C., alimony—also referred to as spousal support—is awarded to provide financial assistance to a spouse who may be economically disadvantaged after divorce. The courts consider a range of factors to determine whether alimony is appropriate, what type to award, and for how long. Each case is reviewed individually, with the goal of ensuring fair financial outcomes for both parties.
Types of Alimony
- Temporary Alimony (Pendente Lite):
Granted during the divorce process to maintain financial stability until a final order is issued.
- Rehabilitative Alimony:
Supports a spouse for a limited time while they pursue education or job training needed to become financially independent.
- Permanent Alimony:
Awarded when a spouse is unlikely to achieve self-sufficiency due to age, health, or other circumstances.
Factors for Calculating Alimony
According to D.C. Code § 16-913, the following factors are considered:
- Financial Resources: Analysis of both parties’ incomes and resources.
- Duration of the Marriage: The length of the marriage impacts the duration and amount of alimony.
- Standard of Living: Attempts to allow both parties to maintain the lifestyle established during the marriage.
- Contributions to the Marriage: Includes both monetary and non-monetary contributions (People’s Law).
Relevant Case Law
- Stewart v. Stewart (1987): The case focused on the need for rehabilitative alimony when there is potential for the recipient to gain employment and achieve financial independence (People’s Law).
How Courts Assess These Factors
Courts in Washington, D.C. have broad discretion in awarding alimony. They weigh each statutory factor based on the case’s unique context, often prioritizing:
- The duration of the marriage
- The level of financial disparity
- Each party’s ability to maintain the marital standard of living
Precedents from cases like Stewart v. Stewart demonstrate how the courts tailor decisions to reflect fairness and future potential, rather than rigid formulas.
Sources: People’s Law, JC Law, MaritalLaw
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