Alimony in Gross (Lump-sum Alimony)

"Alimony in Gross" or "Lump-sum Alimony" refers to alimony that is fixed, single, and definite in amount which cannot be modified in subsequent modification proceedings. Alimony in gross is referred to as "lump-sum" alimony because it can take the form of a specific number of payments over a specific period of time.

Usually, Alimony in Gross is given as part of the property settlement in divorce proceedings. It compensates the recipient of the alimony for the loss of inchoate property rights in the spouse's estate. Upon receiving the alimony in gross the property rights of the recipient over the spouse's estate gets terminated. Alimony in Gross can be subject to discharge in bankruptcy proceedings.

An award of Alimony in Gross should be based on:

(1) each party's earning ability;
(2) probable future prospects of the parties;
(3) source of the marital property;
(4) the contribution of each party to marital property attainment;
(5) the duration of the marriage;
(6) the extent of the offending party's fault; and
(7) the compensation to the recipient for the loss of future support and statutory inchoate property rights.

See also Alimony Pendente Lite (i.e. Temporary Alimony).
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