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The Court can award alimony to either party on a Complaint for Alimony or
as part of an action for Annulment or Divorce.
Depending on the facts of a particular case, alimony can be awarded to
one spouse while the action is pending (called pendente lite alimony) as
well as at the time of the final divorce trial.
If the parties have resolved alimony by written Agreement, the Court
will be bound by that Agreement as it relates to alimony. If the
parties’ Agreement states that alimony is “not modifiable by any Court”,
then the Court cannot modify the alimony. However, if alimony is awarded
by the Court, it is always modifiable.
The spouse seeking alimony does not need to have grounds for divorce.
Further, grounds for divorce against the party seeking alimony (e.g.
adultery) does not preclude the Court from awarding alimony to that
party.
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