Alimony in Gross Law and Legal Definition
Alimony in gross refers to alimony that is fixed, single, and definite in amount. As it is fixed in amount and duration it cannot be modified in subsequent proceedings. Alimony in gross is also called as lump-sum alimony because it can take the form of a number of payments over a specified period of time.
Usually, alimony in gross is given as part of the property settlement in divorce proceedings. It compensates the recipient of the alimony for the loss of inchoate property rights in the spouse's estate. Upon receiving the alimony in gross the property rights of the recipient over the spouse's estate gets terminated. However, alimony in gross can be subject to discharge in bankruptcy proceedings.
While awarding alimony in gross the court shall consider the following factors :
(1)earning abilities of the parties;
(2) probable future prospects of the parties,
(3) source of the marital property,
(4) the contribution of each to marital property attainment,
(5)the duration of the marriage,
(6) the extent of the offending party's fault and
(7) the compensation to the recipient for the loss of future support and statutory inchoate property rights.
