This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree on the remarriage of the plaintiff former spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Maine Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff
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How to fill out Affidavit Of Defendant Spouse In Support Of Motion To Amend Or Strike Alimony Provisions Of Divorce Decree On Remarriage Of Plaintiff?
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FAQ
In California, if the supported spouse?the one who receives alimony?gets remarried, then the paying spouse's obligation to provide spousal support automatically ends, unless both parties agreed to waive Family Code Section 4337. Filing a motion to terminate alimony or any type of court action is not necessary.
In Maine, adultery is a ground for a fault-based divorce. This means that if you or your partner was unfaithful during marriage, that fact can be used to press a petition for divorce.
Basic Rules of Spousal Support in Maine Married 10 to 20 years: Spousal support payments last for no more than half the length of the marriage. For example, if you were married 14 years, the general duration for spousal support will be seven years.
Once the court establishes a need for support, the judge will evaluate the following factors to determine the type, duration, and amount of support: the length of the marriage. each spouse's ability to pay, age, employment history, and employment potential. both spouse's income history and income potential.
General support is usually awarded to a spouse with substantially less income potential than the other spouse in order to maintain a certain standard of living. In most cases, courts will award general spousal support only when the marriage lasted longer than ten years.
Spousal support is terminated if one of the spouses passes away or if the recipient remarries or cohabits in a mutually supportive relationship for at least 12 consecutive months.
Maine has an equitable distribution or common law system of marital property, which is true for the majority of states. Under this system, marital property isn't automatically assumed to be owned by both spouses and therefore should be divided equally at divorce.
Basic Rules of Spousal Support in Maine Married 10 to 20 years: Spousal support payments last for no more than half the length of the marriage. For example, if you were married 14 years, the general duration for spousal support will be seven years.