In Solido: A Comprehensive Guide to Its Legal Definition
Definition & meaning
Alimony in solido refers to a financial award given as a lump sum or a specific amount of money to one partner following a divorce or separation. This payment can be made in installments over a set period but is considered a fixed amount. Once the court issues a decree for alimony in solido, it cannot be changed or modified, even if circumstances change, such as the recipient remarrying or the payer passing away.
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This term is primarily used in family law, which governs divorce and separation cases. Alimony in solido is one way courts can provide financial support to a lower-earning or non-working partner after a marriage ends. Users can manage related legal processes using templates and forms available through resources like US Legal Forms.
Key Legal Elements
Real-World Examples
Here are a couple of examples of abatement:
(Hypothetical example) A court awards Jane $50,000 in alimony in solido after her divorce from John. Jane can receive this amount in five installments of $10,000 each over five months. Once the court issues this decree, John cannot reduce or cancel the payments, even if he faces financial difficulties later.
State-by-State Differences
State
Alimony in Solido Guidelines
California
Alimony in solido is common and may be awarded based on the length of marriage and financial needs.
Texas
Alimony in solido is less common; courts may prefer temporary support unless specific conditions are met.
New York
Alimony in solido can be awarded, typically considering the recipient's needs and the payer's ability to pay.
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
Comparison with Related Terms
Term
Definition
Key Difference
Alimony in solido
A fixed lump sum payment awarded in divorce.
Cannot be modified after the decree.
Temporary alimony
Financial support provided for a limited time during divorce proceedings.
Can be modified based on circumstances.
Rehabilitative alimony
Support intended to help a partner become self-sufficient.
Typically time-limited and can be adjusted.
Common Misunderstandings
What to Do If This Term Applies to You
If you are facing a divorce and believe alimony in solido may apply, consider the following steps:
Gather financial documents to support your case.
Consult a family law attorney to understand your rights and obligations.
Explore US Legal Forms for templates that can help you draft necessary documents.
If your situation is complex, seek professional legal assistance to navigate the process effectively.
Quick Facts
Type: Lump sum payment
Modification: Not allowed after decree
Applicable in: Family law cases
Payment structure: Can be in installments
Key Takeaways
FAQs
No, once the court issues a decree for alimony in solido, it cannot be modified.
No, temporary alimony is subject to change and is usually awarded for a limited time during divorce proceedings.
The obligation to pay alimony in solido remains, and the estate may be responsible for fulfilling the payment.