In the absence of a lump sum payment at the time of divorce, a spouse can only be released from their spousal support obligation when the other spouse no longer needs it or when the paying spouse is no longer able to afford it.
The rights that marriage grants to one spouse are derived, in part, from the obligations that the legislator imposes on the other spouse.
Thus, a couple who have been married for eight years cease to live together in 1981. A month later, the doctor diagnoses Mrs. with multiple sclerosis. She obtains alimony for herself and her two children. In 1986, the couple divorces and custody of the children is awarded to Mrs. Mr. is obliged to continue paying alimony. While taking care of the children's education, Mrs. struggles to work. In 2007, Mrs.'s doctor issues a medical certificate stating that she is no longer able to work more than two days a week.
In 2009, twenty-eight years after their separation, Mr. goes to the Court and requests the cancellation of alimony. The court rules that Mrs.'s illness, although known at the time, was never taken into consideration when establishing the alimony and concludes for this reason that there has been a significant change warranting Mr.'s request.
The judgment specifies that Mr.'s obligation is compensatory in nature and that even if the marriage was of short duration, it is not a reason for the support to be limited in time. The judge mentions "that Mrs.'s dependency stems from the marriage" since the diagnosis of multiple sclerosis was made before the marriage ended. Therefore, Mr. is bound to continue paying alimony as a compensatory sum.
If no lump sum was paid at the time of the divorce, Mr. will only be relieved of his alimony obligation when Mrs. no longer needs it or when Mr. is no longer able to pay it.
When making a marriage proposal, it is better to keep a clear head and a warm heart.
* C.A. 500-09-019817-097, 2010-02-10
