Alimony, or spousal support, is one of the most contentious issues in modern divorce law. There are many proponents of alimony reform who claim that alimony is an outdated area of divorce law that should be changed. Supporters of alimony believe that alimony is still a necessary and fair aspect of marital dissolution.

Traditionally, alimony was something that a husband paid after a divorce. In some states a wife had to show that the husband was at fault for the divorce, and in other states a wife solely had to show financial need. Now alimony is available to spouses of either gender.

The purpose of alimony is generally to allow a dependent spouse to maintain the lifestyle that he or she enjoyed during the divorce. Alimony is more likely to be awarded in long marriages and there are some conditions which make an argument for alimony stronger:

  • If the lower-earning spouse put the other spouse through graduate or professional school.
  • If the lower-earning spouse stayed at home to raise the children or currently cares for an adult disabled child.
  • If the lower-earning spouse forwent career or educational opportunities in order to support the career of the high-earning spouse.

It should be noted that alimony usually is not guaranteed and that there are many other considerations in the divorce process. Alimony can also be a contractual agreement that the parties enter into. Alimony may be appropriate in situations where one spouse has immediate cash needs and another spouse does not want to sell off certain assets such as property or stock.

Source: Forbes, "Alimony Reforms Continue to Create More Uncertainty for Divorcing Women," Jeff Landers, Jan. 18, 2012