Laws on Alimony

Divorce is a common factor in American life. Almost everyone has a family member or friend who has gone through a divorce. The law has dealt with divorce and its consequences by creating various different laws on it. One set of laws dealing with divorce is the ones that govern alimony.

Purpose

The purpose of alimony is primarily economic. It is designed to avoid the disproportionate financial burden that a lower or non-earning former spouse may suffer from a divorce.

Alimony Determination

There is no precise amount of alimony that must be paid. The Uniform Marriage and Divorce Act (which is the basis for alimony law in most states) provides that judges have wide discretion in determining alimony awards. It lists five factors for determining the amount of the award. The first factor is the age, physical, emotional, and/or monetary conditions of both the husband and the wife. The second factor is the amount of time the alimony recipient would need to obtain the necessary education or training to be able to support herself. The third factor is the former spouse's living standards during the marriage. The fourth factor is how long the marriage lasted. And the final factor is whether the alimony payer will be able to support himself while paying the alimony.

Other Support

Alimony judgment enforcement differs from other support orders. For example, child support orders can be enforced through garnishing the payer's wages, placing a lien on his property, or other means. Such options are usually not available to alimony recipients and therefore they'd have to rely on contempt orders to collect delinquent payments.

Length of Alimony

The length of time that alimony must be paid varies. Usually it is awarded only for the period of time needed for the former spouse to obtain the necessary skills or employment to support herself. However, if the recipient remarries, usually the alimony will end because the recipient can be supported by her new spouse. Without a length of time specified in the divorce decree, the payer must pay until the judge decides payment can stop.

Change

The laws on alimony have changed along with the culture. When women were more financially dependent and men were considered the breadwinners, alimony awards were directed towards former wives. Now that more women have entered the work force, and there are more men earning less than women than there were before, the courts have increased their alimony awards to assist men.

References

• Spousal Support Basics

Resources

• Alimony in Divorce