This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree on the remarriage of the plaintiff former spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Hawaii Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff
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How to fill out Affidavit Of Defendant Spouse In Support Of Motion To Amend Or Strike Alimony Provisions Of Divorce Decree On Remarriage Of Plaintiff?
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FAQ
The law is that alimony cannot be longer than the marriage, and rarely is alimony awarded for the remainder of the alimony recipient's life. Instead, often disparate property division is awarded, which means the alimony recipient receives more than 50% of the time of divorce equity/net worth.
To begin the modification process, you must file a motion for modification with the court. This motion should include a detailed explanation of the changes in circumstances and how they warrant a modification. Working with an experienced family law attorney is important to ensure your motion is filed correctly.
The Motion and Affidavit for Post-Decree Relief, and the appropriate attachments, are used to request every type of available relief in a case where a Divorce Decree or Judgment of Paternity has already entered. More than one such motion can be filed in the Post-Decree period.
If you and your spouse are unable to agree on whether one spouse will support the other, and/or on the amount and duration of such support, then the Hawaii Family Court may order one spouse to provide support to the other spouse for a temporary or indefinite period.
Typically, this type of alimony may last about six months to a few years. The second type of alimony is permanent, yet it is awarded very rarely in Honolulu. A court might order permanent alimony if a spouse doesn't have any job prospects because of a disability or old age.
Courts in Hawaii divide assets ing to equitable distribution. This means that marital assets are divided fairly and equitably, but not always on a 50/50 basis. The court must consider several factors before approving how assets are divided. Marital debts are also treated in a similar fashion.
Alimony is not required to be paid in Hawaii divorce cases. The divorcing spouses must agree (otherwise the court will decide) whether spousal support will be paid, who will pay it, how much it will be, and how long it will last. Alimony is not a part of most divorce settlements, although most people assume that it is.
In Hawaii, for one spouse to be eligible for alimony, the spouses must have been legally married. Alimony is decided either by agreement between the spouses or by the court.