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The Divorce Encyclopedia
Limited Duration Liability


Term Definition Limited Duration Liability - see Alimony.
Application in Divorce Courts sometimes order alimony for limited periods of time to help a spouse make the transition from being married to being single.

The duration of alimony can be a leverage factor in divorce negotiations. Paying alimony for a limited period (as opposed to paying it until a former spouse remarries) sidesteps the very common objection men sometimes make: that alimony is punitive and they are paying for "a dead horse."

In general, alimony, limited and indefinite, works to protect women, but courts consider many factors in establishing it. Some factors are mandatory and they include the length of the marriage; the age, health and occupation of the parties; lifestyle of the spouses during marriage; needs and liabilities; contributions to the marital estate; assets and liabilities; behavior during the marriage; and employability. Some jurisdictions have discretionary factors a court may consider, and these vary by jurisdiction.

Discretionary factors are tools by which the court may make the settlement fair and reasonable.

See also Leverage Factor; Fair and Reasonable.

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