Periodic alimony is generally awarded until the happening of a specific event, such as death, remarriage, until the spouse sells the marital home, or some other identifiable event. It completely depends upon the financial circumstances of the parties getting the divorce. Lump sum alimony is generally not subject to being modified either up or down and may have certain advantages for those reasons. However, if the purpose is to provide permanent support, then an award until death or remarriage may be the better choice. Alimony is awarded to either spouse in accordance with the needs of the spouse and the ability of the other spouse to pay.
Factors often considered are amount of separate assets, earning capacity and fixed liabilities.
Adultery which is the cause of the separation of the parties. However, all other facts such as ability to earn, high marital debts or other factors regarding cash flow may all make an award of alimony not realistic under the circumstances. If it appears that the parties will not agree, then the judge will conduct a temporary hearing which will decide strictly on a temporary basis the issues of child custody, visitation, temporary possession of the marital home and temporary use of automobiles and other property. Usually, the judge will order that neither party sell or dispose of any marital assets unless the spouses agree. The judge will also set temporary child support payments and order either spouse to make monthly payments on marital debts.