Define: Provisional Alimony

Provisional Alimony
Provisional Alimony
Quick Summary of Provisional Alimony

Provisional alimony refers to the financial support that one spouse provides to the other spouse during separation, divorce proceedings, or after the divorce is finalized. Its purpose is to assist the receiving spouse in covering their living expenses. Various forms of alimony exist, including temporary, permanent, rehabilitative, and reimbursement alimony. Alimony payments are considered taxable income for the recipient and can be deducted by the payer.

Full Definition Of Provisional Alimony

Provisional alimony, also known as temporary alimony, is a court-ordered allowance that one spouse pays to the other spouse for maintenance and support during separation, a matrimonial lawsuit, or after divorce. It serves as a temporary measure until a permanent alimony arrangement is established. For instance, if a couple is in the process of divorcing and one spouse is financially dependent on the other, the court may require the financially independent spouse to provide provisional alimony until the divorce is finalized. Unlike permanent alimony, which is paid regularly for an indefinite period or until a specified time determined by the court, provisional alimony is only temporary and aims to provide support until a more permanent solution is reached.

Provisional Alimony FAQ'S

Provisional alimony refers to temporary financial support provided to a spouse during the pendency of a divorce or separation proceeding.

Provisional alimony is temporary and meant to provide financial support until a final alimony determination is made. Permanent alimony, on the other hand, is awarded as part of the final divorce decree and may continue for a longer duration.

Either spouse may be eligible to receive provisional alimony if they can demonstrate a need for financial support during the divorce process.

The amount of provisional alimony is typically determined based on the financial needs of the receiving spouse and the ability of the paying spouse to provide support. Factors such as income, assets, and standard of living are considered.

Yes, the amount of provisional alimony can be modified if there is a significant change in circumstances, such as a change in income or financial needs.

The duration of provisional alimony varies depending on the specific circumstances of the case. It typically lasts until a final alimony determination is made or until the divorce is finalized.

Yes, provisional alimony can be terminated early if the receiving spouse remarries or enters into a new supportive relationship.

Provisional alimony is generally taxable as income for the receiving spouse and tax-deductible for the paying spouse. However, it is important to consult with a tax professional for specific advice.

Yes, if the paying spouse fails to make provisional alimony payments, the receiving spouse can seek enforcement through the court system.

Yes, provisional alimony can be converted into permanent alimony if the court determines that ongoing financial support is necessary after the divorce is finalized. This usually requires a separate legal proceeding.

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This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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