alimony
American Heritage Dictionary:
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al·i·mo·ny
(ăl'ə-mō'nē) 
n., pl., -nies.
n., pl., -nies.
- Law. An allowance for support made under court order to a divorced person by the former spouse, usually the chief provider during the marriage. Alimony may also be granted without a divorce, as between legally separated persons.
- A means of livelihood; maintenance.
[Latin alimōnia, sustenance, from alere, to nourish.]
Barron's Business Dictionary:
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alimony
Payment for the support of one’s estranged spouse in the course of divorce or separation. Alimony and separate maintenance payments are taxable to the receiver and deductible by the payor. child support and other voluntary payments are not considered alimony for tax purposes. Alimony is deductible for ADJUSTED GROSS INCOME (AGI); child support is not tax deductible.
| Alienation, Alien Corporation, Alien | |
| All Risk/All Peril, All The Traffic Will Bear or As Much As The Traffic Willbear, All Washed Up |
Roget's Thesaurus:
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alimony
noun
- The means needed to support life: alimentation, bread, bread and butter, keep, livelihood, living, maintenance, subsistence, support, sustenance, upkeep. See money.
Encyclopedia of Judaism:
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Alimony
The amount received by a woman from her husband after their Divorce (or from the husband's estate if he dies before the alimony has been paid). While Jewish law makes no provision for payment on a regular basis to a divorced woman, it nevertheless requires a lump sum to be paid to her after her divorce or the death of her husband. To ensure that such a payment is made, a written document, the Ketubbah, must be drawn up at the time of the marriage. This document stipulates the financial obligations of the husband in the event of divorce or if he predeceases his wife. To ensure compliance with the provisions of the ketubbah, a wife's lien on her husband's property takes precedence over any other claims against him, to the extent that under specified circumstances it can even be collected from a third party if the husband had sold off property and did not remain with sufficient assets to meet his obligation to his wife.
So zealous were the rabbis in guarding against the impoverishment of women that they decreed that in the event that the ketubbah was lost, husband and wife could not live together until a new contract was drawn up. Furthermore, the wife does not have the right---even of her own free will---to abrogate the husband's obligations under the terms of the ketubbah.
Under certain conditions---such as adultery by the wife or her desertion of the husband---ketubbah rights may be forfeited by the wife.
While the Talmud specifies fixed sums for settlement of ketubbah claims, there are numerous cases nowadays where the couple increases the amount due the wife under the ketubbah provisions. Furthermore, even though a husband who divorces his wife and has paid the full amount due to her under the terms of the ketubbah is in theory no longer indebted to her, it is considered proper for a man to continue to help his ex-wife. R. Moses Isserles (Rema) ruled that supporting one's divorced wife takes precedence over supporting any other poor person, with the proviso that the two have no direct contact and that the money is sent via a third party.
Columbia Encyclopedia:
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Alimony
alimony, in law, allowance for support that an individual pays to his or her former spouse, usually as part of a divorce settlement. It is based on the common law right of a wife to be supported by her husband, but in the United States, the Supreme Court in 1979 removed its limitation to husbands, to account for cases in which the wife is wealthier. Alimony is distinct from child support, which is the duty of both mother and father to contribute, based on ability to pay, to the support of minor children. Temporary alimony is allowed pending the outcome of a suit for divorce or separation, or for a decree of nullity of marriage, whether initiated by husband or wife; permanent alimony may be granted after a divorce has taken effect. In contemporary law, alimony is generally awarded only in cases where one spouse is unable to support himself or herself. Such cases are not common: recent figures show that some 90% of U.S. divorces are free of alimony requirements. Alimony ceases on the death of the individual liable; it is not payable out of his or her estate. Remarriage of the individual collecting alimony does not necessarily terminate payments, but the amount may be reduced or the court may cut them off if the recipient's new spouse can support him or her adequately. In all cases the need for and amount of alimony are questions that can be reopened at any time in a court having jurisdiction over the parties. A decree awarding alimony is a court order issued personally, and enforced by contempt of court sanctions. Today, alimony is often called "maintenance." In cases of extended cohabitation, so-called palimony sometimes may be awarded.
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This entry contains information applicable to United States law only.
Payment that a family court may order one person in a couple to make to the other person when that couple separates or divorces.
The purpose of alimony is to avoid any unfair economic consequences of a divorce, even after property is divided and child support, if any, is awarded. Courts set few specific guidelines to attaining this broad goal: instead of telling judges how and when to award alimony, most courts simply grant them broad discretion to decide what is fair in each case. Consider this scenario:
A couple who married in 1985 agree in 1995 to divorce. The husband now earns $63,000 a year, after seven years at a large company where the top pay for his specialty is $80,000. When they married, he was in graduate school and the wife was earning $22,000. The wife worked for three more years, supporting the husband while he completed his coursework and graduated.
When their first child was born, they agreed that the wife would care for the child at home. At the time of divorce, the wife had been working full-time for one year since the couple's children, ages seven and six, had entered school. She was earning $23,000 a year and would have custody of the children.
A judge in this case would certainly award child support and would probably divide marital property equally between the couple. But it might not seem fair to the judge to allow the husband to leave the marriage with the sole possession of the couple's most valuable asset— his earning potential — when the wife contributed to his education by supporting him.
Unlike the family's home or station wagon, the husband's earning power has not yet reached its full value, but promises to grow. It seems especially unfair for the wife not to receive a share of it since after helping the husband attain his education, she agreed to forfeit her earning power to invest time in the family. The several years she spent out of the workforce continue to handicap her earnings. Alimony is the only means available to the court to avoid a potentially unjust division of assets.
The judge in this case may award alimony, or may award a token amount — such as $1 a year — so that the wife has the option to request an increase later on (modifying an award is easier than winning one after the divorce). Or the judge may award no alimony; judges are not required to award alimony.
The husband and wife in this example are unlikely to find a single solution they both consider equitable. In trying to reach an order that is fair, judges must balance spouses' contributions and decisions during the marriage with their needs after the divorce. Although the result may not match both spouses' ideas of what is fair, one of alimony's biggest virtues is its flexibility: it can always be changed.
Alimony can be modified or eliminated as the former spouses' needs change, if those needs are the result of decisions they made as a married unit. Awards and increases in alimony are meant to address only needs that are caused by the divorce itself, not unrelated needs. If the wife's elderly mother becomes ill and dependent on her after the divorce, for example, the wife's need increases, but the increase is unrelated to the divorce and will not increase her eligibility for alimony. However, a significant change in circumstances — such as a rise in the recipient's income or a drop in the payer's income — can cause the court to reduce or end alimony. Occasionally, courts increase alimony to keep up with inflation.
Many courts have indicated that situations such as maltreatment are not valid triggers for alimony. Courts have clarified that allegations of physical or other harm done by one spouse must be brought in a civil lawsuit, to be heard and decided by a jury. In successful cases, compensatory and punitive damages would be awarded, not alimony.
Even in less egregious cases, alimony is not awarded as a punishment, especially in states that have adopted no-fault divorce laws — that is, laws providing that neither spouse has to prove wrongdoing on the part of the other.
Gaps in earning power that favor men over women in general create another situation that many courts believe they cannot resolve using alimony. Such gaps are often the reason married couples decide that if it is appropriate for only one spouse to be the wage earner, it should be the husband. But courts do not base individual alimony awards on this trend alone, in part because an individual spouse cannot be held responsible for social injustices.
In fact, state laws specifying the gender of the paying spouse and of the receiving spouse have been ruled unconstitutional. In deciding Orr v. Orr (440 U.S. 268, 99 S. Ct. 1102, 59 L. Ed. 2d 306) in 1979, the U.S. Supreme Court ruled that Alabama state law, which specified that husbands may be ordered to pay support to wives, but not vice versa, violated the Equal Protection Clause of the Fourteenth Amendment. The case arose when William Orr, who had been ordered to pay alimony, was taken to court by his ex-wife for failure to pay. Orr's defense included a motion requesting that the Alabama alimony statute be declared unconstitutional. Although Orr was not seeking alimony from his ex-wife, he argued that the award to her would decrease if his circumstances were considered in addition to hers.
The Supreme Court decision supporting Orr meant that gender could not be considered in awarding alimony (although even in the mid-1990s very few alimony awards are made in favor of men).
Modern underpinnings for alimony have little to do with gender, but this was not always so. The U.S. model of alimony is based on ecclesiastical law (guidelines of the Christian religion), dating from a time in England's history when divorce did not exist. Unhappily married couples could live separately, but the husband was still obliged to support the wife financially. This arrangement was known as a divorce a mensa et thoro ("from bed and board," in Latin), and was not really a termination of the marriage. This limited divorce did not allow the parties to remarry, for example, and did not affect inheritance rules. The wife remained her husband's dependent, and alimony was seen as his ongoing marital obligation to her.
When full divorce became available, the idea of alimony continued, but with some important differences. Today's alimony awards are made based not on men's and women's roles, but on relative needs arising from decisions made during the marriage. Alimony is not an aspect of marriage, as it was in divorce a mensa et thoro, but only becomes necessary — and available— from the time of divorce.
Because the considerations that enter into a divorce award are sometimes complex, courts usually clarify the award's purpose and may place a time limit on it.
No mathematical guidelines exist to tell courts how to calculate alimony. In addition, each state legislature sets its own policy regarding whether and when alimony may be awarded.
The Uniform Marriage and Divorce Act (UMDA), which many states use as a model, recommends that courts consider the following factors: The financial condition of the person requesting alimony;
The time the recipient would need for education or job training;
The standard of living the couple had during the marriage;
The length of the marriage;
The age, physical condition, and emotional state of the person requesting alimony;
The ability of the other person to support the recipient and still support himself or herself.
Courts have at times awarded alimony when an unmarried couple separates, if the relationship closely resembled marriage or in other circumstances, such as in keeping with the couple's intentions and verbal agreements. Awards of this type are informally called palimony. Private separation agreements negotiated between a divorcing couple also can contain alimony provisions. For these reasons, it is difficult to estimate accurately the size and frequency of awards through the most common method, U.S. census data.
If awards are hard to estimate, compliance with awards is nearly impossible to gauge. Alimony enforcement is unlike child support enforcement, which has the "teeth" of wage garnishment, liens, and other mechanisms. Returning to court with contempt-of-court charges is usually the only option a would-be recipient has to enforce an existing alimony order.
If the divorce decree does not specify an ending date, an order to pay alimony usually remains effective until the court that awarded it changes or ends it. Alimony usually ends when the recipient remarries; this is known as terminable alimony. In the case of the recipient's remarriage, the payer sometimes must return to court to have the court change the alimony order, but often the termination is automatic.
The payer's death is not necessarily enough to end payments: some orders allow the recipient to inherit funds from the payer's estate, or require the payer to maintain a life insurance policy that will continue to support the recipient after the payer's death. These provisions, when made, often involve a recipient whose age or health makes it too difficult for the recipient to enter or reenter the workforce.
See: Child Support; Divorce; Family Law; Husband and Wife; Marriage; Sex Discrimination.
Quotes About:
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Alimony
Quotes:
"I've been involved in something which was chaotic and insane. All I can say now is that I am, and intend to stay, a single man."
- Sylvester Stallone
"Alimony -- the ransom that the happy pay to the devil."
- H. L. Mencken
"Alimony is like buying oats for a dead horse."
- Arthur Baer
Random House Word Menu:
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categories related to 'alimony'
- Marriage and Divorce - alimony: legally required financial support paid to one marriage partner by the other as term of divorce
- Decisions, Judgments, and Conditions - alimony: court-ordered payment to be made by one spouse to former spouse in divorce case
- Spending, Receiving, and Possessing Wealth - alimony: regular payments made by one spouse to the other as required by divorce decree
Wikipedia on Answers.com:
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Alimony
For the 1949 film directed by Alfred Zeisler, see Alimony (film). For children, see child support.
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The examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject. Please improve this article and discuss the issue on the talk page. (December 2010) |
| Family law |
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| Entering into marriage |
| Legal states similar to marriage |
| Dissolution of marriage |
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| Issues affecting children |
| Conflict of laws |
| Related areas |
Alimony (also called maintenance (Britain) and spousal support (U.S.)) is a U.S. term denoting a legal obligation to provide financial support to one's spouse from the other spouse after marital separation or from the ex-spouse upon divorce. It is established by divorce law or family law in many countries and is based on the premise that both spouses in theory have a legal obligation to support each other during their marriage (or civil union) or upon separation or/and divorce.
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History
Alimony has been discussed in ancient legal texts including the Babylonian Code of Hammurabi (#137-#142)[1] and the Code of Justinian.[citation needed] The concept of modern alimony in the United States derives from English ecclesiastical courts which awarded alimony in cases of separation and divorce. Alimony Pendente lite was given until the divorce decree, based on the husband's duty to support the wife during a marriage that still continued. Post-divorce or permanent alimony was also based on the notion that the marriage continued, as ecclesiastical courts could only award a divorce a mensa et thora, similar to a legal separation today. As divorce did not end the marriage, the husband's duty to support his wife remained intact.[2]
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Look up alimony in Wiktionary, the free dictionary. |
The term alimony comes from the Latin word alimōnia ("nourishment, sustenance", from alere, "to nourish"), from which also alimentary (of, or relating to food, nutrition or digestion) and the Scots law concept of aliment, and was a rule of sustenance to assure the wife's lodging, food, clothing, and other necessities after divorce.[3]
Liberalization of divorce occurred in the nineteenth century, but divorce was only possible in cases of marital misconduct. As a result, the requirement to pay alimony became linked to the concept of fault in the divorce.[4] Alimony to wives was paid because it was assumed that the marriage, and the wife's right to support, would have continued but for the misbehavior of husband. Ending alimony on divorce would have permitted a guilty husband to profit from his own misconduct. In contrast, if the wife committed the misconduct, she was considered to have forfeited any claim to ongoing support. However, during the period parties could rarely afford alimony and so it was rarely awarded by courts.[2] As males' incomes increased, and with it the possibility of paying alimony, the awarding of alimony increased, generally because a wife could show a need for ongoing financial support and the husband had the ability to pay.[2][5] No-fault divorce led to changes in alimony. Whereas spousal support was considered a right under the fault-based system, it became conditional under the no-fault approach.[5] According to the American Bar Association, marital fault is a "factor" in awarding alimony in 25 states and the District of Columbia.[6] Permanent alimony began to fall out of favor, as it prevented former spouses from beginning new lives,[5] though in some states (e.g., Massachusetts, Mississippi and Tennessee), permanent alimony awards continued.[7][8][9][10] Alimony moved beyond support to permitting the more dependent spouse to become financially independent or to have the same standard of living as during the marriage or common law marriage though this was not possible in most cases.[2][11]
In the 1970s the United States Supreme Court ruled against gender bias in alimony awards, and the percentage of alimony recipients who are male rose to 3.6% in 2006.[12] In states like Massachusetts and Louisiana, the salaries of new spouses may be used in determining the alimony paid to the previous partners.[10] [13] Most recently, in several high profile divorces females such as Britney Spears, Victoria Principal and Jessica Simpson have paid multi-million dollar settlements in lieu of alimony to ex-husbands who were independently wealthy.[14][15] According to lawyers, males are becoming more aggressive in the pursuit of alimony awards as the stigma associated with asking for alimony fades.[15]
Reckoning
Once dissolution proceedings commence, either party may seek interim or pendente lite support during the course of the litigation.
Where a divorce or dissolution of marriage (civil union) is granted, either party may ask for post-marital alimony. It is not an absolute right, but may be granted, the amount and terms varying with the circumstances. If one party is already receiving support at the time of the divorce, the previous order is not automatically continued (although this can be requested), as the arguments for support during and after the marriage can be different.
Unless the parties agree on the terms of their divorce in a binding written instrument, the court will make a determination based on the legal argument and the testimony submitted by both parties. This can be modified at any future date based on a change of circumstances by either party on proper notice to the other party and application to the court. The courts are generally reluctant to modify an existing agreement unless the reasons are compelling. In some jurisdictions the court always has jurisdiction to grant maintenance should one of the former spouses become a public charge.
In the U.S. state law establishes requirements regarding alimony (and child support) payments, recovery and penalties. A spouse trying to recover back alimony sometimes may use only the collection procedures that are available to all other creditors (such as reporting the amount due to a collection agency).
One who allows his or her alimony obligations to go into arrears, where there is an ability to pay, may be found in contempt of court and be sent to jail.[16] Alimony obligations are not discharged as a result of the obligee filing bankruptcy.[17] Ex-spouses who allow child-support obligations to go into arrears may have certain licenses seized, be found in contempt of court, and/or be sent to jail.[18] Like Alimony, child-support obligations are not discharged as a result of the obligee filing bankruptcy.[17]
Child support
Alimony is not child support, where, after divorce, one parent is required to contribute to the support of their children by paying money to the child's other parent or guardian. Considered a payment that a parent is making for the support of their offspring, the parent who pays child support pays the taxes [19] however, alimony is treated as taxable income to the receiving spouse, and, in certain cases, deducted from the gross income of the paying spouse.
Factors affecting alimony
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The examples and perspective in this article may not represent a worldwide view of the subject. Please improve this article and discuss the issue on the talk page. (December 2009) |
The determination of alimony varies greatly from country to country and from state to state within the U.S.[4] Some state statutes, including those of Texas, Montana, Kansas, Utah, Kentucky and Maine, give explicit guidelines to judges on the amount and/or duration of alimony. In Texas, Mississippi and Tennessee for example, alimony is awarded only in cases of marriage or civil union of ten years or longer and the payments are limited to three years unless there are special, extenuating circumstances. Furthermore, the amount of spousal support is limited to the lesser of $2,500 per month or 40% of the payee's gross income.[20][21][22] In Delaware, spousal support is usually not awarded in marriages of less than 10 years.[20] In Kansas, alimony awards cannot exceed 121 months.[20] In Utah, the duration of alimony cannot exceed the length of the marriage.[20] In Maine, Mississippi, and Tennessee alimony is awarded in marriages or civil union of 10 to 20 years and the duration is half the length of the marriage barring extenuating circumstances.[20] Other states, including Massachusetts, California, Nevada and New York have relatively vague statutes which simply list the "factors" a judge should consider when determining alimony (see list of factors below).[20][23][24][25] In these states, the determination of duration and amount of alimony is left to the discretion of the family court judges who must consider case law in each state. In Massachusetts, Mississippi, Texas and Tennessee, for example, there are 135 Appellate cases in addition to 47 sections of State Statute that shape divorce law. As a result of these Appellate Cases, for example, Massachusetts and Mississippi judges cannot order an end date to any alimony award. Most alimony awards in the states are made for life usually regardless of the length of the marriage or civil union (for marriages or civil unions over 10 years).[23][26]
In general, there are four types of alimony.[27]
Temporary Alimony: Support ordered when the parties are separated prior to divorce. Also called alimony pendente lite which is Latin meaning "pending the suit".
Rehabilitative Alimony: Support given to a lesser earning spouse for a period of time necessary to acquire work outside the home and become self-sufficient.
Permanent Alimony: Support paid to the lesser earning spouse until the death of the payor, the death of the recipient, or the remarriage of the recipient.
Reimbursement Alimony: Support given as a reimbursement for expenses incurred by a spouse during the marriage (like educational expenses).
Some of the possible factors that bear on the amount and duration of the support are:
| Factor | Description |
|---|---|
| Length of the marriage or civil union | Generally alimony lasts for a term or period, that will be longer if the marriage or civil union lasted longer. A marriage or civil union of over 10 years is often a candidate for permanent alimony. |
| Time separated while still married | In some U.S. states, separation is a triggering event, recognized as the end of the term of the marriage. Other U.S. states do not recognize separation or legal separation. In a state not recognizing separation, a 2-year marriage followed by an 8-year separation will generally be treated like a 10-year marriage. |
| Age of the parties at the time of the divorce | Generally more youthful spouses are considered to be more able to 'get on' with their lives, and therefore thought to require shorter periods of support. |
| Relative income of the parties | In U.S. states that recognize a right of the spouses to live 'according to the means to which they have become accustomed', alimony attempts to adjust the incomes of the spouses so that they are able to approximate, as best possible, their prior lifestyle. |
| Future financial prospects of the parties | A spouse who is going to realize significant income in the future is likely to have to pay higher alimony than one who is not. |
| Health of the parties | Poor health goes towards need, and potentially an inability to support oneself. The courts do not want to leave one party indigent. |
| Fault in marital breakdown | In U.S. states where fault is recognized, fault can significantly affect alimony, increasing, reducing or even nullifying it. Many U.S. states are 'no-fault' states, where one does not have to show fault to get divorced. No-fault divorce spares the spouses the acrimony of the 'fault' processes, and closes the eyes of the court to any and all improper spousal behavior. However, in Georgia a person who has an affair that causes the divorce is not entitled to alimony.[28] |
| Gender of the recipient | In general, females may be more likely to be granted alimony than males because, historically, males made more money than females, partly due to having had fewer gaps in employment. |
Alimony Reform in the United States
In the United States family laws and precedents as they relate to divorce, community property and alimony vary based on state law. Also, with new family models, "working couples", "working wives", "stay-at-home dads", etc. there are situations where some parties to a divorce question whether traditional economic allocations made in a divorce are fair and equitable to the facts of their individual case. Some groups have proposed various forms of legislation to reform alimony parameters (i.e. amounts and term).[5] [13][29][30][31][32] Alimony terms are among the most frequent issues causing litigation in family law cases.[5][8] Eighty percent of divorce cases involve a request for modification of alimony.[33][34]
English Common Law
Divorce law in the U.S. was based on English Common Law, which developed at a time when a female gave up her personal property rights on marriage (see Coverture). Upon separation from marriage, the husband retained the right to the wife's property, but, in exchange, had an ongoing responsibility to support the wife after dissolution of the marriage.[4][5][9] British law was amended by legislation including Married Women's Property Act 1870 and Married Women's Property Act 1882 which reformed females' property rights relating to marriage, by, for example, permitting divorced females to regain the property they owned before marriage.[5][9][30][33][35]
State Reform Initiatives
Some states (e.g. Florida, Texas, Maine) are moving away from permanent alimony awards that are intended to maintain a spouses' standard of living enjoyed during the marriage and are moving towards durational or rehabilitative alimony.[30][36] In other states, like Mississippi, Massachusetts and Tennessee, alimony is usually awarded for life.[10][37][38]
Some of the critical issues that proponents and opponents of alimony reform disagree upon are:
- Whether alimony should be temporary or permanent[30]
- Regardless of duration, should alimony payees have the unquestionable right to retire?[39]
- Does the lesser earning spouse deserve alimony to meet his/her basic needs (sustenance) or to enough to sustain "the lifestyle accustomed to during the civil union or marriage"?[30]
- Should the income and assets of a new spouse be used in determining how much alimony gets paid?[10]
- How clear and prescriptive should state statutes be versus allowing a larger degree of Judicial Discretion?[10][40][41][42][43]
In several US states, including Massachusetts, Pennsylvania, Oklahoma and New Jersey, some lawmakers are attempting change of divorce laws as they pertain to alimony.[30] Massachusetts law provides for lifetime alimony, but in early 2009 a reform bill (HB 1785) backed by a group called "Mass Alimony Reform"[44] gained 72 state representatives as co-sponsors (of a total of 200 Representatives and Senators). HB 1785 would have required a spouse receiving alimony to become self-sufficient after a reasonable time. It would have established alimony as a temporary payment instead of a permanent entitlement.[45] This law would also have addressed the issue of cohabitation[20] – where the alimony recipient is living with, but not married to a new significant other.[5][8][20][30][46][47] The Massachusetts bill failed to garner sufficient support and it was not adopted during the 2009–2010 session.[48] In January 2011, the bill was filed with the Massachusetts legislature. It was passed unanimously by the legislature and signed into law on September 26, 2011.[49][50] The law takes effect on March 1, 2012, provides for different categories of alimony, and limits the duration of alimony.[51]
In New Jersey, a group called "New Jersey Alimony Reform" was established in 2011 to encourage and promote similar reforms to alimony reforms within the state.[52]
In Connecticut, a group called "Connecticut Alimony Reform" was also established in 2011 to encourage and promote similar reforms to alimony reforms within the state of Connecticut.[53]
In Maine, a "no-fault" divorce state, Statute §951-A provides that for marriages or civil union of between 10 and 20 years, alimony is limited to a period equal to half the length of the marriage.[21] In Texas, another no-fault state, alimony Section 8.054 limits alimony (in marriages or civil union less than 20 years) to a maximum duration of three years.[20][54] [55]
California, Connecticut, Georgia, Illinois, Oklahoma, New York, South Carolina, Tennessee, Utah, and West Virginia have all passed laws that allow for the modification or termination of alimony upon demonstration that the recipient is cohabitating with another person.[56] In April 2009, the Governor of New Jersey, Jon Corzine, signed into law changes in the alimony statutes for his state which would bar alimony payments to parents who kill, abuse, or abandon their children.[57]
Oregon Alimony Reform (OAR) was established in January 2012. The organization was created to foster a more fair and equitable approach to alimony awards and subsequent modification proceedings. OAR expects to have a bill on the floor of the Oregon Senate in the 2013 legislative session. Co-directors are Jennifer Lexa and Robin DesCamp.
Spousal Support (Alimony) in Canada
Types of Spousal Support
In Canada, spousal support may be awarded upon divorce, under the federal Divorce Act, or upon separation without divorce under provincial statutes. There are generally three different forms of spousal support awarded:
- Compensatory Support – This form of support compensates an individual for their contributions to the relationship as well as for any losses that individual has suffered;
- Non-Compensatory Support – In some cases support may be awarded on a needs basis. This form of support may be awarded by a Court where an individual is sick or disabled; and
- Contractual Support – This form of support upholds a contract between the parties which governs support payments.[58]
Married Spouses and Common-law Spouses
Both married spouses and common-law spouses may be entitled to spousal support. An important distinction between the two is that common-law spouses must start an action claiming spousal support within one year of the breakdown of the relationship. A second important distinction is that only married couples may divorce under the federal Divorce Act, common-law spouses may only separate under provincial legislation, such as Ontario's Family Law Act[59] or British Columbia's Family Relation's Act.[60] No such limitation arises for married individuals. In addition to being in a marriage or common-law relationship, courts will look at the conditions, means, needs and other circumstances of each spouse. This includes:
1) The length of time the spouses cohabited; 2) The functions performed by each spouse during the relationship; and 3) Any existing orders or agreements.
This is by no means an exhaustive list of factors which the court will consider when determining entitlement. Each case is determined on its own unique set of circumstances.
Factors for Awarding Spousal Support
The federal Divorce Act at s.15.2 (6) states that there are four objectives of spousal support orders:
1) Recognize any economic advantages or disadvantages to the spouses arising from the marriage or its breakdown; 2) Apportion between the spouses any financial consequences arising from the care of any child of the marriage over and above any obligation for the support of any child of the marriage; 3) Relieve any economic hardship of the spouses arising from the breakdown of the marriage; and 4) In so far as practicable, promote the economic self-sufficiency of each spouse within a reasonable period of time.[58]
Amount and Duration
The longer the length of cohabitation and the greater the disparity between each party’s incomes, the larger an award of spousal support will be and the longer the duration will be. As stated above, spousal support calculations are complex. There are no tables to use as in child support calculations. Lawyers use special software designed specifically to calculate the entitlement, amount, and duration of support. After information is input into a computer, the software will provide a range for the spousal support amount and duration.
Depending on the means and needs of the individual receiving support, the court will generally award an amount of spousal support somewhere within the range provided by the software. The longer the relationship, the greater the presumption that the parties should have an equal standard of living.
Similarly, the length of the relationship will be taken into account when determining how long spousal support should be paid for. Awards for spousal support can be for a limited term or indefinite.[61]
While declaring bankruptcy does not dissolve Canadians of obligations to pay alimony or child support, a recent ruling by the Supreme Court of Canada established that under current laws "equalization payments agreed to as part of a divorce are considered debts, and are wiped off a person's balance sheet when they declare bankruptcy." [62]
See also
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Wikiquote has a collection of quotations related to: Alimony |
- Child support
- Coverture
- Divorce
- Divorce under Sharia Law
- Men's rights
- Palimony - term from litigation involving Lee Marvin
- Prenuptial agreement
- Shah Bano case (divorce case in India, concerning Muslim wife and alimony)
- Suffrage
- Women's rights
References
- ^ Code of Hammurabi
- ^ a b c d Laurence C. Nolan, Lynn D. Wardle (2005). Fundamental principles of family law - Google Books. Wm. S. Hein Publishing. pp. 703–04. http://books.google.ca/books?id=WjgL3ha8OSQC&pg=PA703. Retrieved 2009-12-06.
- ^ The Honorable David A. Hardy. "Nevada Alimony: An Important Policy in Need of a Coherent Policy Purpose". Nevada Law Journal (Winter 2009) 9 Nev. L.J. 325. https://litigation-essentials.lexisnexis.com/webcd/app?action=DocumentDisplay&crawlid=1&srctype=smi&srcid=3B15&doctype=cite&docid=9+Nev.+L.J.+325&key=1683b20312857bac7ee1e9068254486e.
- ^ a b c "Report of the American Academy of Matrimonial Lawyers on Considerations when Determining Alimony, Spousal Support or Maintenance Approved by Board of Governors March 9, 2007". American Academy of Matrimonial Lawyers. http://www.aaml.org/tasks/sites/default/assets/File/docs/articles/AAML_-_Considerations_when_Determining_Alimony.doc.
- ^ a b c d e f g h McCoy, Jennifer L. (Winter 2005). "Spousal Support Disorder: an overview of problems in current alimony law". Florida State University Law Review 33: 506. http://www.law.fsu.edu/journals/lawreview/downloads/332/mccoy.pdf.
- ^ "Alimony/Spousal Support Factors". American Bar Association. http://www.abanet.org/family/familylaw/flqwinter09_alimony.pdf.
- ^ "Alimony For Life - Push To Change Mass. Laws". WBZ New Channel 38. http://wbztv.com/local/alimony.for.life.2.1304753.html.
- ^ a b c The Honorable Robert E. Gaston. "Alimony: You Are The Weakest Link! Part1". State Bar of Nevada www.NVBAR.org. http://google.com/search?q=cache:QeIczo8TRPkJ:www.nvbar.org/nevadalawyerarticles3.asp%3FTitle%3DAlimony%253A%2BYou%2Bare%2Bthe%2BWeakest%2BLink!%2BPart%2B1+Survey+Nevada+Judges+Hypothetical&cd=2&hl=en&ct=clnk&gl=us.
- ^ a b c "Alimony: Peonage or Involuntary Servitude? by Alfred J. Sciarrino and Susan K. Duke". http://www.massalimonyreform.org/PDFs/alimony-servitude-peonage.pdf.
- ^ a b c d e Walker, Adrian (2009-11-13). "Alimony Agony". The Boston Globe. http://www.boston.com/news/local/massachusetts/articles/2009/11/13/alimony_agony/.
- ^ Sciarrino, Alfred J.; Duke, Susan K (2003). "Alimony: Peonage or Involuntary Servitude?". Am. J. Trial Advoc. 27. http://www.massalimonyreform.org/PDFs/alimony-servitude-peonage.pdf.
- ^ Raghavan, Anita (2008-04-01). "Men Receiving Alimony Want A Little Respect". The Wall Street Journal. http://online.wsj.com/article/SB120700651883978623.html.
- ^ a b "Wife No. 2 Paying for Wife No. 1? Join the Club". ABC News. http://www.abcnews.go.com/Business/2nd-wives-club-angry-tapped-alimony/story?id=9010118.
- ^ "'Gal-imony': Celeb Women Who Pay in the Divorce". ABC News. http://abcnews.go.com/Entertainment/CelebrityCafe/story?id=7356641&page=1.
- ^ a b "Role Reversal: Ex-Wives Angry Over Paying Alimony". ABC News. http://abcnews.go.com/Business/role-reversal-wives-angry-paying-alimony/story?id=8662940.
- ^ "Support Enforcement: The Power of Contempt of Court". http://www.moorefamilylawmn.com/tag/jail-timje-to-enforce-spousal-support-alimony/.
- ^ a b "Bankruptcy and Divorce". http://www.divorceinfo.com/bkrcybankruptcy.htm.
- ^ Schaefer, Mari A. (2009-07-11). "Judge Frees PA Inmate". Pittsburg Post-Gazette. http://www.post-gazette.com/pg/09192/983301-454.stm.
- ^ "Financial Planning: Alimony". Forbes. 2006-01-26. http://www.forbes.com/2006/01/24/irs-taxes-moving-cx_sr_0126taxes27.html.
- ^ a b c d e f g h i "Texas Statute". http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.8.htm.
- ^ a b "Maine Statute". http://www.mainelegislature.org/legis/Statutes/19-A/title19-Asec951-A.html.
- ^ "Montana Statute". http://data.opi.state.mt.us/bills/mca/40/4/40-4-203.htm.
- ^ a b "Massachusetts Statute". http://www.mass.gov/legis/laws/mgl/gl-208-toc.htm.
- ^ "California Statute". http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=04001-05000&file=4320-4326.
- ^ J. Thomas Oldham. Changes in the Economic Consequences of Divorces, 1958-2008. University of Houston Law Center. SSRN 1323911.
- ^ "Massachusetts Appellate Cases". http://www.hgoldstein.com/cases.htm.
- ^ "Alimony/Maintenance". The American Bar Association. http://www.abanet.org/publiced/practical/books/family/chapter_10.pdf.
- ^ Don't Try This at Home by Joyce Wadler, New York Times, Jan. 13, 2011, pg D1,
- ^ Matlack, Tom (2011-11-17). "Divorce Reform In Massachusetts: David vs. Goliath". The Huffington Post. http://www.huffingtonpost.com/tom-matlack/divorce-reform-in-massach_b_357874.html.
- ^ a b c d e f g Levitz, Jennifer (2009-10-31). "New Art of Alimony". The Wall Street Journal. http://online.wsj.com/article/SB10001424052748703399204574505700448957522.html.
- ^ Goodnough, Abby (2009-11-10). "Retirees Still Liable for Alimony, Massachusetts Court Rules". The New York Times. http://www.nytimes.com/2009/11/10/us/10alimony.html?_r=1. Retrieved 2010-04-23.
- ^ "On Point". National Public Radio. http://www.onpointradio.org/2009/11/til-death-does-he-pay#comments.
- ^ a b Barbara von Hauzen, Esp.. "Should Permanent Alimony Be Eliminated?". The Reformer. http://www.massalimonyreform.org/PDFs/Should_Permanent_Alimony_Be_Eliminated.pdf.
- ^ Christopher R. Musulin, Esquire. "Should New Jersey Adopt a Formula Approach for Spousal Support?: Article on Alimony for New Jersey State Bar Association Annual Meeting, May 2009". The New Jersey Bar Association. http://www.burlingtoncountydivorce.com/CM/Custom/Article%20on%20Alimony%20for%20NJ.pdf.
- ^ Goodnough, Abby (2009-11-10). "Retirees Still Liable for Alimony, Massachusetts, Mississippi and Tennessee Court Rules". The New York Times. http://www.nytimes.com/2009/11/10/us/10alimony.html?_r=1. Retrieved 2010-04-23.
- ^ Barbara von Hauzen, Esp.. "Should Permanent Alimony Be Eliminated?". The Reformer. http://www.massalimonyreform.org/PDFs/Should_Permanent_Alimony_Be_Eliminated.pdf.
- ^ "From Prohibition to Approval: The Limitations of the ‘No Clean Break’ Divorce Regime in the Republic of Ireland". Oxford University Press. http://lawfam.oxfordjournals.org/cgi/content/abstract/16/2/223.
- ^ "Can an adulterer receive alimony?". CNN. 2005-05-19. http://edition.cnn.com/2005/LAW/05/05/grossman.adultery.alimony/index.html. Retrieved 2010-04-23.
- ^ Goodnough, Abby (2009-11-10). "Retirees Still Liable for Alimony, Mississippi, Massachusetts and Tennessee Court Rules". The New York Times. http://www.nytimes.com/2009/11/10/us/10alimony.html?_r=1. Retrieved 2010-04-23.
- ^ "Pierce v. Pierce Brief for the Amicus Curiae". The Women's Bar Association Of Massachusetts. http://www.womensbar.org/images/amicus_piercevpierce.pdf.
- ^ "Massachusetts Alimony Reform". Massachusetts Alimony Reform. http://www.massalimonyreform.org/.
- ^ "Dueling alimony bills raise hackles in legal circles". Boston Business Journal. 2009-10-05. http://boston.bizjournals.com/boston/stories/2009/10/05/story7.html.
- ^ "Alimony For Life – Push To Change Mass. Laws". WBZ News Channel 38. http://wbztv.com/local/alimony.for.life.2.1304753.html.
- ^ "Mass Alimony Reform". Mass Alimony Reform. http://www.massalimonyreform.org/.
- ^ Boynton, Jill (2009-12-18). "Massachusetts proposes changes to alimony laws". The Boston Globe. http://www.boston.com/business/personalfinance/managingyourmoney/archives/2009/12/massachusetts_p.html.
- ^ MARSHAL WILLICK, ESQ.. "IN SEARCH OF A COHERENT THEORETICAL MODEL FOR ALIMONY". The Nevada Lawyer. http://www.nvbar.org/publications/nevadalawyer/2007/april/family.htm.
- ^ "Massachusetts Bar Association: 2006–2007 Year in Review". Massachusetts Bar Association. http://www.massbar.org/media/153691/yearinreview.pdf.
- ^ Is Reform Coming Soon for Massachusetts?
- ^ Wetzstein, Cheryl (2011-09-26). "Alimony reform in Massachusetts ends pay until death". The Washington Times. http://www.washingtontimes.com/news/2011/sep/26/alimony-reform-in-massachusetts-ends-pay-until-dea/.
- ^ Powers, Martine (2011-09-26). "Legislation overhauls Bay State alimony law". The Boston Globe. http://www.bostonglobe.com/metro/2011/09/26/legislation-overhauls-bay-state-alimony-law/k71iIkiPZG9YeQR5CwHc0M/story.xml.
- ^ Bill H.3617
- ^ [1]
- ^ [2]
- ^ Dr. Felix Berardo. "UF professor: Alimony still plays a role in many failed marriages". University of Florida News. http://news.ufl.edu/2001/05/21/alimony/.
- ^ ""Massachusetts Divorce Law Practice Manual" Section 4.5". MCLE Law Publishers. http://www.mcle.org/includes/pdf/2000278B00_S.pdf.
- ^ "Florida State Senate: Interim Project Report 2005-146". State of Florida Senate. http://www.flsenate.gov/data/Publications/2005/Senate/reports/interim_reports/pdf/2005-146ju.pdf.
- ^ "Eliminating alimony, inheritance rights for murderers, abusers". The New Jersey News Room. http://www.newjerseynewsroom.com/state/eliminating-alimony-inheritance-rights-ofr-murderes-abusers.
- ^ a b Divorce Act (1985, c. 3 s. 15.2 (2nd Supp.))
- ^ Family Law Act, R.S.O. 1990, c. F.3
- ^ Family Relations Act [RSBC 1996] ch. 128.
- ^ Rogerson, C; Thompson, R. (2008-07-01). "Spousal Support Advisory Guidelines". Department of Justice, Canada. http://www.justice.gc.ca/eng/pi/fcy-fea/spo-epo/g-ld/spag/pdf/SSAG_eng.pdf.
- ^ "Top court rules bankruptcy can break divorce deal". CBC News. 2011-07-14. http://www.cbc.ca/news/canada/story/2011/07/14/supreme-court-divorce-decision.html.
This entry is from Wikipedia, the leading user-contributed encyclopedia. It may not have been reviewed by professional editors (see full disclaimer)
Translations:
Top
Alimony
Dansk (Danish)
n. - underholdsbidrag
Nederlands (Dutch)
alimentatie
Français (French)
n. - pension alimentaire
Deutsch (German)
n. - Alimente, Unterhaltszahlung
Ελληνική (Greek)
n. - (νομ.) διατροφή (συζύγου), επίδομα διατροφής
Italiano (Italian)
(dir. di famiglia) alimenti, mantenimento
Português (Portuguese)
n. - manutenção (f), pensão (f) alimentícia (Jur.)
Русский (Russian)
содержание, пропитание, алименты
Español (Spanish)
n. - pensión alimenticia
Svenska (Swedish)
n. - underhåll, understöd
中文（简体）(Chinese (Simplified))
赡养费, 抚养费, 生活费
中文（繁體）(Chinese (Traditional))
n. - 贍養費, 撫養費, 生活費
한국어 (Korean)
n. - (이혼한 아내에게 주는) 별거 수당
日本語 (Japanese)
n. - 扶助料, 生活のてだて, 扶養, 扶養料
العربيه (Arabic)
(الاسم) نفقه ألزوجه ألمطلقه
עברית (Hebrew)
n. - דמי-מזונות המשולמים ע"י גרוש לגרושתו או להפך, מזונות
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