Husband was not entitled to credit for the more than two years of temporary alimony he had paid wife during pendency of their divorce proceedings, for purposes of calculating the maximum presumptive duration of wife’s general term alimony under the Alimony Reform Act of 2011, which was 80 percent of the number of months of the parties’ 17-year marriage; in sections specifically addressing general term alimony, the Act made no reference to sections providing for the payment of temporary alimony during the pendency of a divorce action, and, under the Act, general term alimony could commence only on the issuance of the judgment declaring the termination of the marriage, which evinced a legislative intent to designate temporary and general term alimony as separate and distinct forms of alimony.
Laura W. Morgan is the owner and operator at Family Law Consulting in Charlottesville, Virginia. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.comPublished on: