Alimony or spousal maintenance is money paid by one spouse for the support
and maintenance of the other spouse. When a party starts a divorce proceeding, he or
she may need the immediate intervention of the court to establish temporary alimony as
a part of other types of temporary relief. The amount of temporary alimony is based
upon the financial circumstances existing at that time, as presented to the court in written
Affidavits and Financial Statements. Some states or counties have written guidelines
used by Judges to establish temporary alimony which is paid until the divorce becomes
final. Alimony awarded in the divorce decree can be temporary, lasting for a specified
time, or can be permanent, intended to continue at the same payment indefinitely into
the future or until a time specified by the court. Each state
treats alimony in its own particular fashion; therefore, an attorney
should be consulted in that particular state before any alimony is
assessed. Please see specific state for details and/or
differences.
ALABAMA
| ALASKA | ARIZONA | ARKANSAS
| CALIFORNIA | COLORADO
| CONNECTICUT | DELAWARE
| FLORIDA
GEORGIA | HAWAII | IDAHO
| ILLINOIS | INDIANA | IOWA
| KANSAS | KENTUCKY | LOUISIANA
| MAINE | MARYLAND
MASSACHUSETTS | MICHIGAN
| MINNESOTA | MISSISSIPPI
| MISSOURI | MONTANA | NEBRASKA
| NEVADA
NEW HAMPSHIRE | NEW
JERSEY | NEW MEXICO | NEW
YORK | NORTH CAROLINA | NORTH
DAKOTA | OHIO
OKLAHOMA | OREGON | PENNSYLVANIA
| RHODE ISLAND | SOUTH
CAROLINA | SOUTH DAKOTA | TENNESSEE
TEXAS | UTAH | VERMONT
| VIRGINIA | WASHINGTON
| WEST VIRGINIA | WISCONSIN
| WYOMING
ALABAMA
Alimony is money paid by one spouse for the support and maintenance of the
other spouse. Alabama law provides that if either spouse has no separate property, or if
the separate property is insufficient for the maintenance of a spouse, the judge at his or
her discretion may order to a spouse an allowance out of the estate of the other spouse,
taking into consideration the value of the property and the condition of the spouse�s
family. However, the judge may not take into consideration any property acquired prior
to the marriage of the parties or by inheritance or gift, unless the judge finds from the
evidence that the property, or income produced by the property, has been used regularly
for the common benefit of the parties during their marriage. Facts which the court should
consider in determining an award of alimony include the future prospects of the parties,
their ages, health, station in life, length of marriage, and the conduct of the parties with
respect to the cause of the divorce.
Alabama Code 30-2- 51.
Alabama law specifically provides that the misconduct of a spouse may be
considered by the court in determining the award of alimony, as well as an award of
property.
Alabama Code 30-2-52.
Any divorce decree providing for payment of alimony shall be modified by the
court to provide for the termination of alimony upon petition by the other party and proof
that the spouse receiving alimony has remarried, or that the spouse receiving alimony is
living openly or cohabiting with a member of the opposite sex.
Alabama Code 30-2 -55.
ALASKA
The court may provide for reasonable spousal maintenance in response to a
party�s Application for Temporary Relief. The primary factors which should be
considered in awarding temporary spousal maintenance are the relative economic
circumstances and needs of the parties and the ability to pay the maintenance. In the
judgment concluding the divorce action, the court may award spousal maintenance for a
limited or indefinite period of time, as may be just and necessary without regard to which
of the parties is at fault. An award of maintenance must fairly allocate the economic
effect of divorce by being based on a consideration of the following factors: 1) the length
of the marriage and the parties� standard of living during the marriage; 2) the age and
health of the parties; 3) the earning capacity of the parties including their educational
backgrounds, training, and employment skills; 4) the financial condition of the parties
including the availability and cost of health insurance; 5) whether there has been
unreasonable depletion of marital assets; 6) the division of property being made by the
court; and 7) any other factors the court determines to be relevant in each individual
case.
AS 25.24.140 and 25.24.160.
ARIZONA
The court may order spousal maintenance if it finds that the spouse seeking
maintenance: 1) lacks sufficient property to provide for his or her reasonable needs; or
2) is unable to support himself or herself through appropriate employment or is the
custodian of a child whose age is such that the custodian should not be required to seek
employment outside the home; or 3) contributed to the educational opportunities of the
other spouse; or 4) had a marriage of long duration and is of an age which may preclude
the possibility of gaining employment adequate to support himself or herself.
The maintenance order shall be in such amounts and for such periods of time as
the court deems just, without regard to marital misconduct, and after considering all
relevant factors including: 1) the standard of living established during the marriage; 2)
the duration of the marriage; 3) the age and employment history and earning ability and
physical condition of the spouse seeking maintenance; 4) the ability of the spouse from
whom maintenance is sought to meet his or her needs while meeting those of the
spouse seeking maintenance; 5) the comparative financial resources of the spouses
including their comparative earning abilities; 6) the contribution of the spouse seeking
maintenance to the earning ability of the other spouse; 7) the extent to which the spouse
seeking maintenance has reduced his or her income or career opportunities for the
benefit of the other spouse; 8) the ability of both parties after the dissolution to contribute
to the future educational costs of their mutual children; 9) the financial resources of the
party seeking maintenance and that party�s ability to meet his or her needs
independently; 10) the time necessary to acquire sufficient education or training to
enable the party seeking maintenance to find appropriate employment; and 11)
excessive or abnormal expenditures, destruction, concealment or fraudulent disposition
of community property.
The court shall maintain continuing jurisdiction over the issue of spousal
maintenance for the period of time maintenance is awarded.
ARS �25-319.
ARKANSAS
Alimony or spousal maintenance is money paid by one spouse for the support
and maintenance of the other spouse. Upon application of either party, the court may
award temporary alimony to either party while the divorce complaint is pending. The
court has the discretion to order �any reasonable sum.�
Ark. stat. Ann. 9-12-314.
At the time a final decree is entered, the court shall make such orders concerning
alimony as are reasonable for the circumstances of the parties and the nature of the
case. Unless otherwise ordered by the court or agreed to by the parties, liability for
alimony shall automatically cease upon the earlier of the following: 1) The date of
remarriage of the alimony recipient, or 2) the establishment of a relationship that
produces a child and results in the court order directing another person to pay support to
the alimony recipient, which circumstances shall be the equivalent of remarriage; or 3)
the establishment of a relationship that produces a child and results in a court order
directing the alimony recipient to provide support to another person who is not a
descendant by birth or adoption, which circumstances shall be considered the equivalent
of remarriage.
Alimony may be awarded, under proper circumstances, to either party in fixed
installments for a specified period of time, subject to the contingence fees of 1) death of
either party, 2) remarriage of the receiving party, or 3) such other contingencies as are
set forth in the award, so that the payments qualify as periodic payments within the
meaning of the Internal Revenue Code.
Ark. stat. Ann. 9-12-312.
CALIFORNIA
In ordering spousal support, the court shall consider all of the following
circumstances: 1) the extent to which the earning capacity of each party is sufficient to
maintain the standard of living established during the marriage, 2) the extent to which the
supported party contributed to the attainment of an education or career by the supporting
party, 3) the supporting party�s earning capacity, 4) the needs of each party based on the
standard of living established during the marriage, 5) the obligations and assets of each
party, 6) the duration of the marriage, 7) the ability of the supported party to engage in
gainful employment without unduly interfering with the interests of dependent children in
custody of that party, 8) the age and health of the parties, 9) the immediate tax
consequences to each party, and 10) any other factors deemed to be just and equitable.
Cal. Fam. Code �4320.
COLORADO
Alimony or spousal maintenance is money paid by one spouse for the support
and maintenance of the other spouse. In a proceeding for dissolution of marriage, the
Colorado court may grant a maintenance order for either spouse only if it finds that the
spouse seeking maintenance: 1) lacks sufficient property including marital property to
provide for his reasonable needs, and 2) is unable to support himself through
appropriate employment or is the custodian of the child whose circumstances make it
appropriate that the custodian not be required to seek employment outside the home.
The court order for spousal maintenance shall be in such amounts and for such periods
of time as the court deems just, without regard to marital misconduct and after
considering all relevant factors, including: 1) the financial resources of the party seeking
maintenance and his ability to meet his needs independently, 2) the time necessary to
acquire sufficient education or training, 3) the standard of living established during the
marriage, 4) the duration of the marriage, 5) the age and physical and emotional
condition of the spouse seeking maintenance, and 6) the ability of the spouse from
whom maintenance is sought to meet his needs while meeting those of the spouse
seeking maintenance.
CRSA �14-10-113.
CONNECTICUT
At the time of entering the decree of dissolution of marriage, the Connecticut
Superior Court may order either of the parties to pay alimony to the other. In determining
whether Alimony shall be awarded, and the duration and amount of the award of
alimony, the court shall consider the following: the length of the marriage, the causes for
the dissolution of marriage, the age, health, occupation, amount and sources of income,
vocational skills, employability, assets and needs of each of the parties, and also the
court�s division of assets and whether a custodial parent will be obtaining employment.
C.G.S.A �46b-82.
DELAWARE
Alimony is money paid by one spouse for the support and maintenance of the
other spouse. The court may award interim or temporary alimony at any time while the
divorce action is pending. A party may be awarded alimony only if he or she is
considered to be a �dependent� party, meaning that he or she: 1) is dependent upon the
other party for support; 2) lacks sufficient property including any award of marital
property to provide for his or her reasonable needs; and 3) is unable to support himself
or herself through appropriate employment or is the custodian of a child, and the
circumstances make it appropriate that he or she not be required to seek employment.
Alimony shall be in such amount and for such time as the court deems just, without
regard to marital misconduct, at the consideration of all relevant factors including but not
limited to: 1) the financial resources of the party seeking alimony, and his or her ability to
meet all or a part of his or her reasonable needs independently; 2) the time and expense
necessary to acquire sufficient education or training to enable the party seeking alimony
to find appropriate employment; 3) the standard of living established during the marriage;
4) the duration of the marriage; 5) the age and physical and emotional condition of both
parties; 6) any financial or other contribution made by either party to the education and
training and career of the other party; 7) the ability of the other party to meet his or her
needs while paying alimony; 8) tax consequences; 9) whether either party has
postponed economic or education or other employment opportunities during the
marriage; and 10) any other factor which the court expressly finds is just and appropriate
to consider.
A person shall be eligible for alimony for a period not to exceed 50% of the term
of the marriage. However, if a party is married for 20 years or longer, there shall be no
time limit as to his or her eligibility.
Any person awarded alimony has a continuing affirmative obligation to make
good faith efforts to seek appropriate training and employment unless the court
specifically finds, after a hearing, that it would be inequitable to require the recipient to
do so because of incapacitating illness, disability or age, or after consideration of the
needs of a minor child living with a recipient.
Unless the parties agree otherwise in writing, the obligation to pay future alimony
is terminated upon the death of either party or the remarriage or cohabitation of the party
receiving alimony. A party receiving alimony shall promptly notify the other party of his or
her remarriage or cohabitation.
13 DCA �1512. FLORIDA
Alimony is money paid by one spouse for the support and maintenance of the
other spouse. The court may grant alimony to either party. The alimony may be
rehabilitative or permanent in nature. The court may order periodic payments or
payment in lump sums or both. The court may consider the adultery of either spouse
and the circumstances thereof in determining any amount of alimony.
In determining a proper award of alimony, the court shall consider all relevant
economic factors including but not limited to: 1) the standard of living established during
the marriage; 2) the duration of the marriage; 3) the age and physical and emotional
condition of each party; 4) the financial resources of each party including the assets and
liabilities distributed to each; 5) the time necessary for either party to acquire sufficient
education or training to find appropriate employment; 6) the contribution of each party to
the marriage including services rendered in homemaking and career building of the other
party; and 7) all sources of income available to either party. The court may consider any
other factor necessary to do equity and justice between the parties.
FSA �61.08. GEORGIA
Alimony is money paid by one spouse for the support and maintenance of the
other spouse. Alimony is either temporary or permanent. A party shall not be entitled to
alimony if it is established by a preponderance of the evidence that the separation
between the parties was caused by that party�s adultery or desertion. In all cases in
which alimony is sought, the court shall receive evidence of the factual cause of the
separation even though one or both of the parties may also seek a divorce, regardless of
the grounds upon which a divorce is sought or granted by the court. Alimony may be
awarded to either party in accordance with the needs of the party and the ability of the
other party to pay. In determining whether or not to grant alimony, the court shall
consider evidence of the conduct of each party toward the other. Pending final
determination by the court of the right of either party to alimony, neither party shall make
any substantial change in the assets of the party except in the course of ordinary
business affairs and except for legitimate transfers for value. In determining an award of
alimony, the court shall consider the following factors: 1) the standard of living
established during the marriage; 2) the duration of the marriage; 3) the age and the
physical and emotional condition of both parties; 4) the financial resources of each party;
5) the time necessary for either party to acquire sufficient education or training to enable
him to find appropriate employment; 6) the contribution of each party to the marriage
including services rendered in homemaking and child care and career building; 7) the
condition of the parties including separate property, earning capacity, and fixed liabilities;
and 8) such other relevant factors as the court deems equitable and proper. Alimony
terminates upon remarriage of the party receiving alimony.
GC �19-6-1 and 19-6-5. HAWAII
Alimony is money paid by one spouse for the support and maintenance of the
other spouse. The court has the power to make orders as shall appear just and
equitable to compel either party to provide for the support and maintenance of the other
party. The court shall take into consideration the respective merits of the parties, the
relative abilities of the parties, the condition in which each party will be left by the
divorce, the burdens imposed upon either party for the benefit of the children of the
parties, and all other circumstances of the case. In considering the amount of spousal
maintenance, the court shall consider the following factors as well: 1) financial resources
of the parties; 2) ability of the party seeking support and maintenance to meet his or her
needs independently; 3) duration of the marriage; 4) standard of living established during
the marriage; 5) age of the parties; 6) physical and emotional condition of the parties; 7)
usual occupation of the parties during the marriage; 8) vocation skills and employability
of the party seeking maintenance; 9) needs of the parties; 10) custodial and child
support responsibilities; 11) ability of the party from whom maintenance is sought to meet
his or her own needs while meeting the needs of the party seeking maintenance; 12)
other factors which measure the financial condition in which the parties will be left as a
result of the divorce action; and 13) probable duration of the need of the party seeking
maintenance. The court may order maintenance to a party for an indefinite period or
until further order of the court. In the event the court orders maintenance to be paid for a
specific duration of time which will be required for the party seeking maintenance to
secure adequate training, education, skills, or other qualifications necessary to qualify for
appropriate employment or to otherwise enhance the employability of the party, the court
shall order maintenance paid for a sufficient period to allow completion of the training or
education and sufficient time to secure appropriate employment.
HRS �580-47. IDAHO
Alimony or spousal maintenance is money paid by one spouse for the support
and maintenance of the other spouse. The court may order maintenance if it finds that
the spouse seeking maintenance lacks sufficient property to provide for his or her
reasonable needs and is unable to support himself or herself through employment. The
maintenance order shall be in such amounts and for such periods of time that the Court
deems just, after considering all relevant factors which may include the following: 1) the
financial resources of the spouse seeking maintenance and his ability to meet his needs
independently, 2) the time necessary to acquire sufficient education and training to
enable the spouse seeking maintenance to find employment, 3) the duration of the
marriage, 4) the age and the physical and emotional condition of the spouse seeking
maintenance, 5) the ability of the spouse from whom maintenance is sought to meet her
needs while meeting those of the spouse seeking maintenance, 6) the tax consequences
to each party, and 7) the fault of either party.
IC �32-705. ILLINOIS
The court may grant a temporary or permanent maintenance award for either
spouse in amounts and for periods of time the court deems just, without regard to marital
misconduct, for fixed or indefinite periods of time. The maintenance may be paid from
the income or property of the other spouse after consideration of all relevant factors,
including: 1) the income and property of each party, 2) the needs of each party, 3) the
present and future earning capacity of each party, 4) any impairment of the present and
future earning capacity of the party seeking maintenance due to that party devoting time
to domestic duties or having foregone or delayed education or training due to the
marriage, 5) the time necessary to enable the party seeking maintenance to acquire
appropriate education and training and whether that party is able to support himself or
herself through appropriate employment or is the custodian of a child making it
appropriate that the custodian not seek employment, 6) the standard of living established
during the marriage, 7) the duration of the marriage, 8) the age and physical and
emotional condition of the parties, 9) the tax consequences of the property division, 10)
contributions and services by the party seeking maintenance to the education and career
of the other spouse, 11) any valid agreement of the parties, and 12) any other factor that
the court expressly finds to be just and equitable.
750 ILCS 5/504. INDIANA
Alimony or spousal maintenance is money paid by one spouse for the support
and maintenance of the other spouse. If the court finds a spouse to be physically or
mentally incapacitated to the extent that the ability of the spouse to support himself is
materially affected, the court may find that maintenance for that spouse is necessary
during the period of incapacity. If the court finds a spouse lacks sufficient property to
provide for that spouse�s needs and that spouse is the custodian of a child whose
physical or mental incapacity requires the custodian to forego employment, the court
may find that maintenance is necessary for that spouse, in an amount and for a period of
time, as the court deems appropriate.
The court may find that rehabilitative maintenance is necessary after considering
the following factors: 1) the educational level of each spouse at the time of marriage and
at the time the action is commenced; 2) whether an interruption in the education,
training, or employment of the spouse occurred during the marriage as a result of
homemaking or child care responsibilities; 3) the earning capacity of each spouse,
including educational background and training, work experience, and length of presence
in or absence from the job market; and 4) the time and expense necessary to acquire
sufficient education or training to enable the spouse, who is seeking maintenance, to find
appropriate employment. If the court finds that rehabilitative maintenance is appropriate
based on these factors, the court may order an appropriate amount of maintenance for a
period of time, not to exceed three years from the day of the final decree.
AIC �31-1-11.5-11. IOWA
The Iowa courts will order support payments to the other party (Alimony) for a
limited or indefinite length of time after considering all relevant circumstances including
the following: 1) length of the marriage, 2) age and physical and emotional health of the
parties, 3) distribution of property being made by the court, 4) educational level of each
party at the time of marriage and at the time the action is commenced, 5) the earning
capacity of the party seeking maintenance, 6) the feasibility of the party seeking
maintenance becoming self supporting at a standard of living reasonably comparable to
that enjoyed during the marriage and the length of time necessary to achieve this goal,
7) the tax consequences to each party, 8) any mutual agreement made by the parties
concerning contributions by one party with the expectation of future reciprocation or
compensation by the other party, 9) the provisions of any ante nuptial agreement, and
10) all other factors the court determines to be relevant in each individual case.
ICA Section 598.21. KANSAS
Alimony or spousal maintenance is money paid by one spouse for the support
and maintenance of the other spouse. The court may award maintenance to either party
in an amount the court finds to be fair, just, and equitable under all the circumstances.
The decree may make the future payments modifiable or terminable under circumstances stated in the decree. The court may not award maintenance for a period
of time in excess of 121 months. If the original court decree reserves the power of the
court to hear subsequent motions for reinstatement of maintenance, and a motion for
reinstatement is filed prior to the expiration of the stated period of time for maintenance
payments, the court shall have jurisdiction to reinstate the maintenance payments. Upon
motion and court hearing, the court may reinstate the payments in whole or in part for a
period of time, conditioned upon any other circumstances ordered by the court, but the
reinstatement shall be limited to a period of time, not exceeding 121 months. No single
period of reinstatement ordered by the court may exceed 121 months. Maintenance may
be in a lump sum, in periodic payments, on a percentage of earnings, or on any other
basis.
KSA �60-1610(b). KENTUCKY
Alimony or spousal maintenance is money paid by one spouse for the support and
maintenance of the other spouse. Maintenance can be ordered as part of a temporary order or as
part of the final decree. The court may grant a maintenance order for either spouse only if it finds
that the spouse seeking maintenance: 1) lacks sufficient property, including marital property
awarded to him, to provide for his reasonable needs; and 2) is unable to support himself through
appropriate employment or is the custodian of a child whose condition makes it appropriate that
the custodian not be required to seek employment outside the home. The maintenance order
shall be in such amounts and for such periods of time as the court deems just after considering all
relevant factors including: 1) the financial resources of the party seeking maintenance and his
ability to meet his needs independently, 2) the time necessary to acquire sufficient education or
training to enable the party seeking maintenance to find appropriate employment, 3) the standard
of living established during the marriage, 4) the duration of the marriage, 5) the age and physical
and emotional condition of the spouse seeking maintenance, and 6) the ability of the spouse from
whom maintenance is sought to meet his needs, without meeting those of the spouse seeking
maintenance. Fault or marital misconduct is not a factor to be considered when arriving at a just
amount of maintenance.
K.R.S. �403.200. LOUISIANA
Alimony is money paid by one spouse for the support and maintenance of the
other spouse. Permanent alimony shall not be awarded to a spouse who has been at
fault in the termination of the marriage. The court may award alimony to a spouse out of
the property and earnings of the other spouse, which shall not exceed one-third of his or
her income. In determining the entitlement to an amount of alimony, the court shall
consider the following factors: 1) the income, means, and assets of the parties; 2) the
liquidity of the assets; 3) the financial obligations of the parties including their earning
capacity; 4) whether one spouse�s earning capacity is limited by being the custodian of
children; 5) the time necessary for the proposed recipient to acquire appropriate
education, training, or employment; 6) the health and age of the parties and their
obligations to support or care for dependent children; and 7) any of the circumstances
the court deems relevant. In determining whether the claimant spouse is entitled to
alimony, the court shall consider his or her earning capability, in light of all the other
circumstances. The court may award alimony in the form of a lump sum or in place of or
in combination with permanent periodic alimony when the circumstances require it or
make it advisable, and the parties consent to it. In determining whether to award a lump
sum for alimony, the court shall consider the needs of the claimant spouse and the
financial condition of the paying spouse. In awarding lump sum alimony in place of or in
combination with permanent periodic alimony, the court shall consider the above-stated
criteria, except the limitation to one-third of the paying spouse�s income. A lump sum
award of alimony may consist of property or may be a monetary award payable in one
payment or in installments. A judgment which awards lump sum alimony is not subject to
modification and does not terminate upon the remarriage or cohabitation of the recipient
spouse. However, permanent periodic alimony shall be revoked if it becomes
unnecessary and automatically terminates if the recipient spouse remarries or enters into
open concubinage, which means a cohabitation or quasi-marital relationship.
CC Art. 112. MAINE
Alimony is money paid by one spouse for the support and maintenance of the
other spouse. In determining an award of alimony, the court shall consider all
appropriate factors including: the length of the marriage; the age and ability of each
party; the employment history or potential of each party; the income history and potential
of each party; the education and training of each party; the provisions for retirement and
health insurance benefits of each party; the tax consequences upon the division of
property, including sale of the marital home, if applicable; the health and disabilities of
each party; the tax consequences of an award of alimony; the contributions of either
party as homemaker; the contributions of either party to the education or potential of the
other party; economic misconduct by either party resulting in decrease in value of the
marital property; and the standard of living of the parties during the marriage. The court
may order any part of the obligated party�s real estate, or rents and profits from that real
estate, to be assigned to the other party for life. Instead of periodic payments, the court
may order either party to pay a specific sum to the other party.
19 MRSA �721. MARYLAND
Alimony is money paid by one spouse for the support and maintenance of the
other spouse. If the parties have agreed on a final disposition for alimony in their
Property Settlement Agreement, the court is bound by that Agreement.
The court shall determine the amount of and the period for an award of alimony.
The court may award alimony for a period of time beginning from the filing of the
Complaint. At the conclusion of the period of the award of alimony as ordered by the
court, no further alimony shall accrue. In making the determination of alimony, the court
shall consider all the factors necessary for a fair and equitable award, including: 1) the
ability of the party seeking alimony to be wholly or partly self-supporting; 2) the time
necessary for the party seeking alimony to gain sufficient education or training to find
suitable employment; 3) the standard of living established during the marriage; 4) the
duration of the marriage; 5) the monetary and non-monetary contributions of each party
to the well-being of the family; 6) the circumstances that contributed to the estrangement
of the parties; 7) the age of each party; 8) the physical and mental condition of each
party; 9) the ability of the party from whom alimony is sought to meet that party�s needs,
while meeting the needs of the party seeking alimony; 10) any agreement between the
parties; 11) the financial needs and resources of each party; and 12) whether the award
would cause a spouse from whom alimony is sought to become eligible for medical
assistance earlier than would otherwise occur.
The court may award alimony for an indefinite period if the court finds that 1) due
to age, illness, or disability, the party seeking alimony cannot reasonably be expected to
make substantial progress toward becoming self-supporting; or 2) even after the party
seeking alimony will have made as much progress toward becoming self-supporting as
can reasonably be expected, the respective standards of living of the parties will be
unconscionably disparate.
ACM �11-106. MASSACHUSETTS
Alimony is money paid by one spouse for the support and maintenance of the
other spouse. In the divorce decree, the court may make a judgment for either of the
parties to pay alimony to the other. In determining the amount of alimony to be paid, the
court shall consider: 1) the length of the marriage; 2) the conduct of the parties during
the marriage; 3) the age, health, station, occupation, amount and sources of income,
vocational skills, employability, liabilities, and needs of each of the parties; and 4) the
opportunity of each party for future acquisition of capital assets and income. The court
shall include in the award of alimony a requirement that the obligor do one of the
following with respect to health insurance coverage: 1) maintain existing coverage for
the spouse, if it�s available through employment or other coverage at reasonable cost; 2)
obtain health insurance coverage for the spouse; or 3) reimburse the spouse for the cost
of health insurance. The amount of alimony shall not be reduced for the amount paid by
the obligor for health insurance coverage for the spouse.
ALM 208 �34. MICHIGAN
Alimony is money paid by one spouse for the support and maintenance of the
other spouse. The threshold issue is whether the property awarded to a party in the
divorce is insufficient for the suitable support and maintenance of that party. If that is the
case, the court may award alimony to be paid in gross or otherwise as the court
considers just and reasonable, after considering the ability of either party to pay and the
character and situation of the parties, and all other circumstances of the case. The
award of alimony is within the trial court�s discretion and shall be based on what is just
and reasonable under the circumstances of each case. The court should consider all
circumstances including length of marriage; the ability to pay other parties; the conduct
and perhaps relations of the parties during their marriage; the ages of the parties; their
needs, health, ability to work; and their fault, if any. Marital misconduct, or fault of a
party, is a valid consideration used by the Michigan court to determine the amount and
extent of alimony.
MCLA �552.23. MINNESOTA
The general standard contained in Minnesota statutes for awarding spousal
maintenance is as follows. The Court may grant maintenance if it finds that the spouse
seeking maintenance 1) lacks sufficient property, including property awarded in the
divorce, to provide for reasonable needs considering the standard of living established
during the marriage, especially but not limited to a period of training or education; or 2) is
unable to provide adequate self-support after considering the standard of living
established during the marriage and all relevant circumstances, through appropriate
employment, or is the custodian of a child whose condition or circumstances make it
appropriate that the custodian not be required to seek employment outside the home.
Spousal maintenance shall be in amounts and for periods of time, either
temporary or permanent, as the Court deems just, without regard to fault or marital
misconduct, and after considering all relevant factors including: 1) the financial
resources of the party seeking maintenance and the party�s ability to meet needs
independently; 2) the time necessary to acquire sufficient education or training, and the
probability given the party�s age and skills of completing education and becoming fully or
partially self-supporting; 3) the standard of living established during the marriage; 4) the
length of the marriage, and in the case of a homemaker, the length of absence from
employment and the extent to which any education, skills, or experience have become
outmoded and earning capacity has become permanently diminished; 5) the loss of
earnings and other employment opportunities foregone by the spouse seeking
maintenance; 6) the age and physical and emotional condition of the spouse seeking
maintenance; 7) the financial ability of the obligor to meet his own needs, as well as pay
maintenance; and 8) the contribution of each party in the acquisition, preservation, and
appreciation in the amount or value of the marital property, as well as the contribution of
a spouse as a homemaker or in furtherance of the other party's employment or business.
The law specifies that if there is some uncertainty as to the necessity of a permanent
award, the Court shall then order a permanent award, leaving its Order open for later
modification.
Minn. Stat. �518.54, Subd. 3, and Minn. Stat. �518.552. MISSISSIPPI
Alimony is money paid by one spouse for the support and maintenance of the
other spouse. The court has the discretion to make appropriate awards of maintenance
and alimony of either party and shall, if need be, require a bond or other guaranty for the
payment of alimony. The court has discretion to award periodic payments of alimony or
payment in a lump sum. The court should consider all relevant factors including: 1)
health and earning capacity of the parties; 2) entire sources of income of both parties; 3)
division of property being made by the court; and 4) all other facts and circumstances
which are relevant to the particular case. Fault is a factor to be considered by the court
in an award of alimony. Generally, the court will not award alimony to a party who was
guilty of adultery which was the ground for the divorce.
MC 93-5-23. MISSOURI
Alimony or spousal maintenance is money paid by one spouse for the support
and maintenance of the other spouse. The court may grant a maintenance order to
either spouse but only if it finds that the spouse seeking maintenance: 1) lacks sufficient
property including marital property apportioned to him to provide for his reasonable
needs, and 2) is unable to support himself through appropriate employment or is the
custodian of a child whose circumstances make it appropriate that the custodian not be
required to seek employment outside the home. The maintenance order shall be in such
amounts and for such periods of time as the court deems just and after considering all
relevant factors including: 1) the financial resources of the party seeking maintenance
and his ability to meet his needs independently, 2) the time necessary to acquire
sufficient education or training in order to find appropriate employment, 3) the
comparative earning capacity of each spouse, 4) the standard of living established
during the marriage, 5) the obligations and assets and the separate property of each
party, 6) the duration of the marriage, 7) the age and physical and emotional condition of
the spouse seeking maintenance, 8) the ability of the spouse from whom maintenance is
sought to meet his needs while meeting those of the spouse seeking maintenance, 9)
the conduct of the parties during the marriage, and 10) any other relevant factors.
The court�s maintenance order shall state if it is modifiable or nonmodifiable. The
court may order maintenance which includes a termination date. Unless the
maintenance order is nonmodifiable, the court may order the maintenance decreased,
increased, terminated, extended, or otherwise modified based upon a substantial and
continuing change of circumstances which occurred prior to the termination date of the
original order.
VAMS �452.335. MONTANA
The court may grant maintenance for either spouse, only if it finds that the
spouse seeking maintenance: 1) lacks sufficient property to provide for his reasonable
needs; and 2) is unable to support himself through appropriate employment, or is the
custodian of a child whose condition or circumstances make it appropriate that the
custodian not seek employment outside the home. The maintenance order shall be in
such amount and for such periods of time as the court deems just, without regard to
marital misconduct, and after considering all relevant facts including: 1) The financial
resources of the party seeking maintenance and his ability to meet his needs
independently; 2) the time necessary to acquire sufficient education or training in order to
find appropriate employment; 3) the standard of living established during the marriage; 4)
the duration of the marriage; 5) the age and the physical and emotional condition of the
spouse seeking maintenance; and 6) the ability of the spouse from whom maintenance is
sought to meet his needs, while meeting those of the spouse seeking maintenance.
MCA 40-4-203. NEBRASKA
Alimony is money paid from one spouse for the support and maintenance of the
other spouse. The court may order payment of such alimony as may be reasonable,
having regard for the circumstances of the parties, duration of the marriage, history of
the contribution to the marriage by each party, including contribution to the care and
education of the children and interruption of personal careers or educational
opportunities, and the ability of the supported party to engage in gainful employment
without interfering with the interests of any minor children in that person�s custody. If
alimony is not allowed in the original dissolution decree, the decree may not be amended
to award alimony later. The purpose of alimony is to provide for the continued
maintenance or support of one party by the other when the relative economic
circumstances make it appropriate.
Reissued Revised Statutes 42-365. NEVADA
The court may award such alimony to the wife or to the husband, in a specified
lump sum or as specified periodic payments, as appears just and equitable. The court
shall consider the need to grant alimony to a spouse for the purpose of obtaining training
or education relating to a job, career or profession. In determining whether alimony
should be granted, the court shall consider: 1) whether the spouse who would pay such
alimony has obtained greater job skills or education during the marriage; and 2) whether
the spouse who would receive such alimony provided financial support while the other
spouse obtained job skills or education. If the court determines that alimony should be
awarded for the foregoing reasons, 1) the court shall state in its order the time within
which the recipient spouse must commence the training or education relating to a job,
career, or profession; and 2) the spouse who was ordered to pay the alimony may file a
motion to modify the order on the ground of changed circumstances; and 3) the recipient
may be granted, in addition to any other alimony awarded by the court, money to provide
for job testing, evaluation of skills and abilities relating to a job or career or profession,
vocational guidance, assistance in job search, or payment of the cost of education for a
high school equivalency or college courses or training which are directly applicable to the
recipient�s career goals and employment prospects.
NRS 125.150. NEW HAMPSHIRE
Alimony is money paid by one spouse for the support and maintenance of the
other spouse. The court shall make orders for the payment of alimony to the party in
need of alimony, either temporary or permanent, for a definite or indefinite period of time,
if it finds that: 1) the party in need lacks sufficient income, property, or both, including
property awarded to the party in the divorce, to provide for his reasonable needs, taking
into account the style of living to which the parties have become accustomed during the
marriage; and 2) the party from whom alimony is sought is able to meet his reasonable
needs while meeting those of the party seeking alimony, taking into account the style of
living to which the parties have become accustomed during the marriage; and 3) the
party in need is unable to support himself through appropriate employment at a standard
of living that meets his reasonable needs or is the custodian of a child whose condition
or circumstances make it appropriate that the custodian not seek employment outside
the home.
The court may make orders for the payment of alimony when such orders would
be just and equitable.
The court may order alimony to be paid for such length of time as the parties may
agree or the court orders.
The court may make orders for alimony in a lump sum, periodic payments, or
both. In determining the amount of alimony, the court shall consider the following
factors: 1) length of the marriage; 2) the age, health, social or economic status,
occupation, amount and sources of income of each party; 3) the property awarded to the
parties pursuant to the divorce; 4) the vocational skills, employability, liabilities, and
needs of each of the parities; 5) the opportunity of each party for future acquisition of
assets and income; 6) the fault of either party if the fault caused the breakdown of the
marriage and caused substantial physical or mental pain and suffering or resulted in
substantial economic loss to the marital estate or the injured party; and 8) tax
consequences. The court may also consider the contribution of each of the parties in the
acquisition, preservation, or appreciation in value of the assets as well as the
non-economic contribution of each of the parties. The court shall specify written reasons for
the granting or denial of alimony.
RSA 458:19. NEW JERSEY
Alimony or spousal maintenance is money paid by one spouse for the support
and maintenance of the other spouse. The court shall make an award for alimony or
maintenance, as the circumstances of the parties and the nature of the case requires, in
order to make a fit, reasonable, and just award. The court may also require reasonable
security to make sure the award is paid, including but not limited to, the creation of trusts
or other security devices, to ensure payment of reasonably foreseeable medical and
educational expenses. The court may award permanent or rehabilitative alimony, or
both, to either party. In doing so, the court shall consider the following factors: 1) the
actual need and ability of the parties to pay; 2) duration of the marriage; 3) age, physical
and emotional health of the parties; 4) the standard of living established during the
marriage and the likelihood that each party can maintain a reasonably comparable
standard of living; 5) the earning capacities, educational levels, vocational skills, and
employability of the parties; 6) the length of absence from the job market and custodial
responsibilities for children of the party seeking maintenance; 7) the time and expense
necessary to acquire sufficient education or training to enable the party seeking
maintenance to find appropriate employment; 8) the history of financial or non-financial
contributions to the marriage by each party, including contributions to the care and
education of the children, and interruption of personal careers or educational
opportunities; 9) the equitable distribution of property being ordered by the court; and 10)
any other factors which the court may deem relevant.
When a share of a retirement benefit is treated as an asset for purposes of
equitable distribution of property, the court shall not consider income generated from that
retirement benefit for purposes of determining alimony.
NJSA 2A:34-23.
An award of permanent alimony shall terminate on the date of remarriage of the
recipient. However, the remarriage of a spouse receiving rehabilitative alimony shall not
be cause for termination of the rehabilitative alimony unless the court finds that the
circumstances upon which the award was based have not occurred, or unless the
spouse paying alimony demonstrates an agreement or good cause to the contrary.
NJSA 2A:34-25. NEW MEXICO
Alimony or spousal maintenance is money paid by one spouse for the support
and maintenance of the other spouse. The court may award a reasonable sum of
money to be paid by either spouse, either in a single sum or in installments, as the
circumstances make just and proper. The court may award alimony constituting of any
of the following: 1) rehabilitative alimony that provides the recipient with education,
training, work experience, or other forms of rehabilitation that increases the recipient�s
ability to earn income and to become self-supporting. The court may include a specific
rehabilitation plan and make its award of rehabilitative alimony contingent upon the
recipient�s compliance with the plan; 2) transitional alimony to supplement the income of
the recipient for a limited period of time, clearly stated in the final Decree; 3) alimony for
an indefinite duration; 4) alimony in a single sum to be paid in one or more installments,
subject only to the death of the recipient; or 5) alimony as a single sum to be paid in one
or more installments, not subject to any contingencies, including the death of the
recipient.
The court may designate alimony to be non-modifiable with respect to the amount
or duration of alimony payments. Unless so stated, alimony can be modified whenever
circumstances have changed to make a modification proper or appropriate.
An award of alimony terminates upon the death of the recipient, unless the
decree specifically provides otherwise.
When determining whether to award, or how much and how long alimony should
be awarded, the court shall consider the following factors: 1) the age, health and means
of support for the respective spouses; 2) the current and future earnings and earning
capacity of the parties; 3) the good faith efforts of the parties to maintain employment or
to become self-supporting; 4) the reasonable needs of the parties, including the standard
of living established during the marriage, need to maintain health insurance, and the
appropriateness of life insurance to secure payment of alimony; 5) duration of the
marriage; 6) the amount of property awarded to the parties; 7) the type and nature of the
assets of the parties; 8) the type and nature of the liabilities of the parties; 9) any income
produced by property owned by the parties; and 10) any agreements entered into by the
parties in contemplation of the dissolution of marriage.
The court shall retain jurisdiction over periodic alimony payments when the
parties have been married for twenty years or more prior to the dissolution, unless the
court order or decree specifically provides that no alimony shall be awarded to either
party.
�40-4-7 NMSA.
The court has the discretion to award, to either party, part of the other party�s
separate property as an alimony award, and the decree making the alimony award shall
have the force and effect of vesting the title of the property, so awarded, to the recipient,
as part of the alimony award. A decree awarding alimony shall be a lien on the real
estate of the obligor spouse, from the date of filing of a notice of order or decree in the
office of the county clerk of each county where any of the obligor�s property is located.
�40-4-12 and 40-4-13 NMSA. NEW YORK
Spousal maintenance is money paid by one spouse for the support and
maintenance of the other spouse. Maintenance payments are payments provided for in
a valid agreement between the parties or awarded by the court. When a party starts a
divorce proceeding, he or she may need the immediate funds at fixed intervals for a
definite or indefinite period of time, but an award of maintenance shall terminate upon
the death of either party or upon the remarriage of the recipient.
Whenever maintenance is an issue, both parties are required to make
compulsory disclosure of their respective financial conditions. Either party must serve
and file a sworn statement of net worth within 20 days after a written request from such a
statement. The statement shall include all income and assets of whatsoever kind and
nature and shall include a list of all assets transferred in any manner during the
preceding three years or the length of the marriage, whichever is shorter. All sworn
statements of net worth shall be accompanied by a current and representative paycheck
stub and the most recently filed state and federal income tax returns.
Except when the parties have entered into an agreement providing for
maintenance, the court may order maintenance in such amount as justice requires,
having regard for the standard of living the parties established during the marriage,
whether the party in whom the maintenance is granted lacks sufficient property and
income to provide for his or her reasonable needs, and whether the other party has
sufficient property or income to provide for the reasonable needs for the other party. In
determining the amount and duration of maintenance, the court shall consider the
following factors: 1) The income and property of the parties, including marital property distributed
by the court; 2) the duration of the marriage and the age and health of both parties; 3)
the present and future earning capacity of both parties; 4) the ability of the party seeking
maintenance to become self-supporting and the period of time and training necessary to
become self supporting; 5) reduced or lost lifetime earning capacity of the party seeking
maintenance as a result of having forgone or delayed education, training, employment,
or career opportunities during the marriage; 6) the presence of children of the marriage
in the respective homes of the parties; 7) tax consequences; 8) contributions and
services of the party seeking maintenance as a spouse, parent, wage earner, and home
maker, and to the career and career potential of the other party; 9) any wasteful
dissipation of marital property by either spouse; 10) any transferal or encumbrance made
in contemplation of a matrimonial action without fair consideration for the transfer; and
11) any other factor which the court shall find to be just and proper, including but not
limited to fault or misconduct of either party.
The court may order the party to purchase, or maintain, or assign a policy of
insurance providing benefits for health and hospital care and related services for the
other spouse not to exceed such period of time as the party is obligated to provide
maintenance. The court may also order a party to purchase, maintain, or assign a life
insurance party and to designate either spouse or children as beneficiaries.
Domestic Relations Law � 236. NORTH CAROLINA
Alimony means an order for payment for the support and maintenance of a
spouse or former spouse, periodically or in a lump sum, for a specified or for an indefinite
term. Dependent spouse means a spouse, whether husband or wife, who is actually and
substantially dependent upon the other spouse for his or her maintenance and support
or is substantially in need of maintenance and support from the other spouse.
Supporting spouse means a spouse, whether husband or wife, upon whom the other
spouse is actually substantially dependent for maintenance and support. The court shall
award alimony to the dependent spouse upon a finding that one spouse is a dependent
spouse, that the other spouse is a supporting spouse, and that an award of alimony is
equitable after considering all relevant factors. The court shall not award alimony if the
court finds that the dependent spouse participated in an act of illicit sexual behavior
during the marriage and prior to or on the date of separation. The court shall order that
alimony be paid to a dependent spouse if the court finds that the supporting spouse
participated in an act of illicit sexual behavior. If the court finds that both dependent and
supporting spouse participated in acts of illicit sexual behavior during the marriage, then
alimony shall be denied or awarded in the discretion of the court after consideration of all
of the circumstances. The court shall exercise its discretion in determining the
amount, duration, and manner of payment of alimony. The duration may be for a specified or for
an indefinite term. The court shall consider all relevant factors including: 1) marital
misconduct; 2) the relative earnings and earning capacities of the spouses; 3) the ages
and the physical, mental, and emotional condition of the spouses; 4) the amount and
sources of earned and unearned income of both spouses; 5) duration of the marriage; 6)
the contribution of one spouse to the education, training, or increased earning power of
the other spouse; 7) the extent to which the earning power, expenses, or financial
obligations of a spouse will be affected by reason of being the custodial parent of a
minor child; 8) the standard of living established during the marriage; 9) the relative
education of the spouses and time necessary to acquire sufficient education or training
to enable the spouse seeking alimony to find employment to meet his or her reasonable
needs; 10) the relative assets and liabilities of the spouses and the relative debt service
requirements of the spouses; 11) the property brought to the marriage by either spouse;
12) the contribution of a spouse as homemaker; 13) the relative needs of the spouses;
14) tax consequences; and 15) any other factor relating to the economic circumstances
of the parties.
GS �50-16.1A and �16.3A. NORTH DAKOTA
When a divorce is granted, the court may order either of the parties to provide
support for the other party for life or for a shorter period as the court may determine to be
just, having regard to the circumstances of the parties in each case. The court may
require either party to give reasonable security for providing maintenance or making any
payments required by the court. The termination of alimony is a case by case issue, and
the court considers the ages of the parties, their earning ability, duration of the marriage,
conduct of each party during the marriage, and all the relevant circumstances.
NDCC �14-05-24 and 14-05-25. OHIO
The Ohio divorce statutes use the term, �spousal support,� instead of alimony or
spousal maintenance. Spousal support is money ordered to be paid to a spouse or
former spouse for the subsidence and support of that spouse. Upon the request of
either party in a divorce proceeding, and after the court has determined the division of
property, the Court of Common Pleas may award reasonable spousal support to either
party. An award of spousal support may be allowed in the form of an award of specific
property, or by decreeing a sum of money, payable either in a lump sum or in
installments, from future income or otherwise, all as the court considers equitable under
the circumstances. In determining an award of spousal support, the court shall consider
all the following factors: 1) the income of the parties, from all sources; 2) the relative
earning abilities of the parties; 3) the ages and the physical, mental, and emotional
conditions of the parties; 4) retirement benefits; 5) duration of the marriage; 6) whether it
is inappropriate for a party to seek employment outside of the home because he is a
custodian of a minor child; 7) the standard of living established during the marriage; 8)
the education of the parties; 9) the relative assets and liabilities of the parties; 10) the
contribution of each party to the education, training, or earning ability of the other party,
including any party�s contribution to the acquisition of a professional degree by the other
party; 11) the time and expense necessary for the spouse seeking spousal support to
acquire education, training, or job experience to obtain appropriate employment; 12) the
tax consequences of an award of spousal support; 13) the lost income capacity of either
party which resulted from that party�s marital responsibilities; and 14) any other facts that
the court expressly finds to be relevant and equitable.
In determining spousal support, each party shall be considered to have
contributed equally to the production of marital income.
Each order for alimony made or modified by a court on or after December 31,
1994 shall include as part of the order, a provision requiring automatic income
withholding of spousal support from the wages of the obligor. The order must also
contain a statement requiring all parties to notify the Child Support Enforcement Agency,
in writing, of current addresses and any changes in addresses. If any person required to
pay spousal support is found in contempt of court for failure to pay spousal support
pursuant to the order, the court shall award attorney fees and costs to the recipient party,
in addition to any other penalty or remedy imposed by the court in relation to the act of
contempt.
ORC 3105.18. OKLAHOMA
Alimony or spousal maintenance is money paid by one spouse for the support
and maintenance of the other spouse. Upon granting a divorce, the court may award
alimony to either spouse out of the property of the other spouse, as the court shall think
reasonable, having due regard to the value of the property at the time of the divorce.
Alimony may be allowed from real or personal property, or both, or in the form of money
judgment, payable either in a lump sum or in installments, as the court may deem just
and equitable.
In any divorce decree which provides for periodic alimony payments, the court
shall plainly state the dollar amount of alimony payments and the dollar amount of
payments, if any, representing a division of property. Periodic alimony payments can be
modified subsequent to the decree, whereas payments representing a division of
property are irrevocable and not subject to subsequent modification. The court shall also
provide in the divorce decree that alimony terminates upon the death or remarriage of
the recipient.
43 Okl.St.Ann. �121 and 134. OREGON
Alimony or spousal maintenance is money paid by one spouse for the support
and maintenance of the other spouse. In determining spousal maintenance, the court
shall not consider the fault of either of the parties in causing the grounds for the
dissolution of marriage. The court may award such amount of money for such period of
time as may be just and equitable for the other party to contribute. The court may order
maintenance to be paid in a lump sum, in installments, or both. In making an order for
spousal maintenance, the court shall consider the following factors: 1) length of
marriage; 2) age, physical and mental health of the parties; 3) the contribution by one
spouse to the education, training, and earning power of the other spouse; 4) the earning
capacity of each party, including educational background, training, employment skills,
and work experience; 5) the need for education, training, or retraining to enable a party
to become employable or to pursue career objectives to become self-supporting at a
standard of living not overly-disproportionate to that enjoyed during the marriage, to the
extent that is possible; 6) the extent to which the present and future earning capacity of a
party is impaired due to the party�s extended absence from the job market to perform the
role of homemaker, and the length of time reasonably anticipated for that party to obtain
training or updating of career or job skills. In a case of a party�s extended absence from
the job market to perform the role of homemaker where it is likely that the party will never
substantially recover from the loss of economic position due to the extended absence,
the court may award the disadvantaged party support as compensation so that the
standard of living for that party will not be overly-disproportionate to that enjoyed during
the marriage; 7) custody of children and length of time child support obligations will be
enforced; 8) the tax liabilities or benefits to each party and the net spendable income
available to each party; 9) the amount of long-term financial obligation, including attorney
fees and costs; 10) costs of health care; 11) the standard of living established during the
marriage; 12) premiums to be paid for life insurance on the life of a party ordered to pay
support; and 13) such other matters as the court shall deem relevant in the particular
case, in order that each party shall have the opportunity to achieve an economic
standard of living not overly-disproportionate to that enjoyed during the marriage.
ORS 107.036 and 107.105.
If a party pays spousal maintenance for ten years after the court decree, and if
the recipient spouse has not made a reasonable effort during that time to become
financially self-supporting and independent of the spousal maintenance, the party paying
the support may petition the court to reduce or terminate spousal maintenance. The
Petition shall not be granted if spousal maintenance was granted in the decree in place
of a share of property in order to provide the paying spouse with a tax benefit. After a
hearing, if the court finds that the party receiving maintenance has not made a
reasonable effort during the previous ten years to become financially self-supporting and
independent of spousal maintenance provided under the decree, the court shall order
that support terminated. This procedure may not be used to terminate spousal
maintenance for a party who is sixty years of age or older at the time the court hearing is
held.
ORS 107.407 -107.412. PENNSYLVANIA
Alimony is money paid by one spouse for the support and maintenance of the
other spouse. As a general Rule, the Pennsylvania courts may allow alimony, as it
deems reasonable, to either party, only if it finds that alimony is necessary. In
determining whether alimony is necessary and in determining the nature, amount, and
duration, and manner of payment of alimony, the court shall consider all relevant factors
including the following: 1) The relative earning capacities of the parties; 2) the ages and
the physical, mental, and emotional conditions of the parties; 3) the sources of income
of both of the parties, including medical, retirement, insurance or other benefits; 4) the
expectancies and inheritances of the parties; 5) the duration of the marriage; 6) the
contribution by one party to the education, training, or increased earning power of the
other party; 7) the extent to which the earning power, expenses, or financial obligations
of the party will be altered by reason of serving as custodian for minor children; 8) the
standard of living of the parties established during the marriage; 9) the relative education
of the parties and the time necessary to acquire sufficient education or training to enable
the party seeking alimony to find appropriate employment; 10) the relative assets and
liabilities of the parties; 11) the property brought to the marriage by either party; 12) the
contribution of the spouse as homemaker; 13) the relative needs of the parties; 14) the
marital misconduct of either of the parties during the marriage up to the date of final
separation; 15) tax ramifications of the alimony award; 16) whether the party seeking
alimony lacks sufficient property to provide for the party�s reasonable needs; and 17)
whether the party seeking alimony is incapable of self-support through appropriate
employment.
In ordering alimony, the court shall determine the duration of the order, which
may be for a definite or an indefinite period of time which is reasonable under the
circumstances.
When so ordered by the court, payments of alimony shall be made to the
domestic relations section of the court which shall keep an accurate record of all
payments and shall notify the court immediately whenever the obligor is thirty days in
arrears.
Alimony terminates upon the death of either party, or upon the remarriage or
cohabitation of the recipient.
23 Pa.C.S.A. � 3701 - 3707. RHODE ISLAND
Alimony is money paid by one spouse for the support and maintenance of the
other spouse. In determining the amount of alimony to be paid, the court shall consider
the following factors: 1) length of the marriage; 2) the conduct of the parties during the
marriage; 3) the health, age, station, and occupation of the parties; 4) the income,
vocational skills, and employability of the parties; and 5) the liabilities and needs of the
parties. In addition, the court shall consider the extent to which either party is unable to
support herself/himself because that party is the primary physical custodian of children.
The court shall also consider the extent to which either party is able to support
herself/himself adequately with consideration given to: 1) the extent to which a party
was absent from employment while fulfilling homemaking responsibilities, and to the
extent to which any education or skills have become outmoded; 2) the time and expense
required for the supported spouse to acquire appropriate education or training to develop
marketable skills and find appropriate employment; 3) the probability, given the age and
skill of a party, of completing education and training and becoming self-supporting; 4) the
standard of living established during the marriage; 5) the opportunity of either party for
future acquisition of capital assets and income; 6) the ability to pay of the supporting
spouse, taking into account her earning capacity, income, assets, debts, and standard of
living; and 7) any other factor in which the court expressly finds to be just and proper.
Alimony is designed to provide support for a spouse for a reasonable length of
time to enable the recipient to become financially independent and self-sufficient.
However, the court may award alimony for an indefinite period of time when it is
appropriate based upon the foregoing factors.
GLRI 15-5-16. SOUTH CAROLINA
Alimony or spousal maintenance is money paid by one spouse for the support
and maintenance of the other spouse. The court may order alimony in such amounts
and for such terms as the court considers appropriate and just based upon the
circumstances of the parties and the nature of their case. No alimony may be awarded
to a spouse who commits adultery before the earliest of these two events: 1) the formal
signing of a Marital Settlement Agreement between the parties; or 2) entry of the court�s
order based upon a Marital Settlement Agreement between the parties.
Alimony may be granted on a temporary or permanent basis in such amounts and
for such periods of time subject to conditions as the court considers just, including, but
not limited to: 1) periodic alimony to be paid by terminating on the remarriage of the
supported spouse or upon the death of either spouse, which is modifiable based upon
changed circumstances occurring in the future; 2) lump sum alimony in a finite total sum
to be paid in one installment, or periodically, over a period of time, and terminating only
upon the death of the recipient. Lump sum alimony is not modifiable based upon
remarriage or changed circumstances in the future; 3) rehabilitative alimony in a finite
sum to be paid in one installment or periodically, which terminates upon the remarriage
of the recipient, the death of either spouse, or the occurrence of a specific event to occur
in the future. Rehabilitative alimony is modifiable based upon unforeseen events
frustrating the good faith efforts of the recipient to become self-supporting or the ability
of the payor to pay the amount of rehabilitative alimony; 4) reimbursement alimony to be
paid in a finite sum, in one installment or periodically, which would terminate on the
remarriage of the recipient or upon the death of either spouse. Reimbursement alimony
is not modifiable upon a showing of changed circumstances; 5) separate maintenance
and support to be paid periodically, but terminating upon the divorce of the parties or
upon the death of either spouse, and also modifiable in the event of changed
circumstances. This form of support is for circumstances where a divorce is not being
requested, but the support is necessary to provide for the supported spouse when the
parties are living separate and apart; or 6) such other form of spousal support, under
terms and conditions as the court may consider just under the circumstances.
In making an award of alimony, the court must consider and give weight as it
finds appropriate to all the following factors: 1) duration of the marriage and ages of the
parties; 2) physical and emotional condition of each party; 3) educational background of
each party, together with need of either party for additional training or education to
achieve income potential; 4) employment history and earning potential of each party; 5)
standard of living established during the marriage; 6) current and reasonably anticipated
earnings and expenses of both parties; 7) the martial and non-marital properties of the
parties, including those properties awarded by the court in the divorce action; 8) custody
of the children, particularly where conditions make it appropriate that the custodian of the
children not be required to seek employment outside of the home; 9) marital misconduct
or fault of either or both parties, whether or not used as a basis for the divorce, if the
misconduct has affected the economic circumstances of the parties or contributed to the
break up of the marriage; 10) tax consequences; 11) the existence and extent of any
support obligation from a prior marriage or for any other reason of either party; and 12)
such other factors the court considers relevant.
In making an award of alimony, the court may order the payment to be made to
the recipient or may require payment be made through the clerk of Family Court. The
court may require payment of debts on behalf of the alimony recipient.
The parties may agree in writing, if properly approved by the court, to make the
payment of alimony non-modifiable and not subject to subsequent modification by the
court.
1976 Code � 20-3-130. SOUTH DAKOTA
Alimony is money paid by one spouse for the support and maintenance of the
other spouse. Alimony awarded in a divorce decree can be temporary, can last for a
specified time, or can be permanent, intended to continue at the same payment
indefinitely into the future or until a time specified by the court.
The court may order one party to pay alimony to the other party during the life of
that other party or for a shorter period, as the court may deem just, having regard to the
circumstances of the parties. The amount and length of alimony payments is left to the
discretion of the trial court, after considering all relevant factors including the length of
the marriage, the respective earning capacity of the parties, the respective financial
condition of the parties after the property division, the age and heath and condition of the
parties, and the relative fault of the parties in the termination of the marriage.
S.D.C.L. 25-4-41. TENNESSEE
Alimony or spousal maintenance is money paid by one spouse for the support
and maintenance of the other spouse. As a part of a divorce decree, the court may
make an order for the suitable support and maintenance of either spouse by the other
spouse, or out of either spouses property, according to the nature of the case and
circumstances of the parties. The court may provide for the future support of a spouse
by fixing a definite amount to be paid in monthly, semimonthly, or weekly installments, or
otherwise as circumstances may warrant.
A spouse who is economically disadvantage, relative to the other spouse, shall
be rehabilitated whenever possible by the granting of an order for payment of
rehabilitative, temporary support and maintenance. Where there is such relative
economic disadvantage and rehabilitation is not feasible in consideration of all relevant
factors, then the court may grant an order for payment of maintenance on a long term
basis or until the death or remarriage of the recipient. Rehabilitative maintenance is a
separate class of spousal support as distinguished from periodic alimony. In determining
whether to grant alimony, and in determining the nature, amount, length of term, and
manner of payment, the court shall consider all relevant factors including: 1) the relative
earning capacity, obligations, needs, and finical resources of each party, including
income from pension, profit sharing, retirement plans, and all other sources; 2) the
relative education and training of each party, the ability and opportunity to secure
education and training, and the necessity of a party to secure further education and
training to improve earning capacity to a reasonable level; 3) duration of the marriage; 4)
the age and mental condition of each party; 5) the physical condition of each party; 6)
the extent to which it would be undesirable for a party to seek employment outside the
home because such party will be custodian of a minor child of the marriage; 7) the
separate assets of each party; 8) the court�s distribution of marital property; 9) the
standard of living established during the marriage; 10) the contributions made by the
parties, including homemaker contributions, and contributions by a party to the
education, training, or increased earning power of the other party; 11) the relative fault of
the parties in cases where the court, in its discretion, deems it appropriate to consider
fault; and 12) such other factors, including tax consequences, as are necessary to
consider the equities between the parties.
An award of rehabilitative maintenance shall remain in the court�s control for the
duration of the award, and may be increased, decreased, terminated, extended, or
otherwise modified, upon a showing of substantial and material change and
circumstances. Rehabilitative support and maintenance shall terminate upon the death
of the recipient or the death of the payor. The recipient of rehabilitative maintenance
shall have the burden of proving that all reasonable efforts at rehabilitation have been
made and have been unsuccessful.
The parties may enter into a written agreement as to the support and
maintenance of either party. The court shall affirm, ratify, and incorporate the parties�
agreement into the divorce decree.
The court has the discretion and power to make an award of alimony to one
spouse out of the other spouse�s property, as the court thinks proper. This includes an
award out of the separate property owned by either spouse.
TCA �36-5-101 and �36-5-102. TEXAS
Alimony or spousal maintenance means an award of periodic payments from the
future income of one spouse for the support of the other spouse. Before the court can
award maintenance, one of the eligibility requirements must be satisfied. The court may
order maintenance for either spouse only if one of the following is true: 1) the spouse
from whom maintenance is requested was convicted of, or received deferred
adjudication for, a criminal offense that also constitutes an act of family violence and the
offense occurred within two years before the date the Petition was filed or while the
action was pending; or 2) the duration of the marriage was ten years or longer, and the
spouse seeking maintenance lacks sufficient property to provide for that spouse�s
minimum reasonable needs, and the spouse seeking maintenance is unable to support
himself/herself through appropriate employment because of an incapacitating physical or
mental disability, is the custodian of a child who requires substantial care and
supervision, or clearly lacks earning ability in the labor adequate to provide support for
minimum reasonable needs. If the court determines that a spouse is eligible to receive
maintenance, the court shall then decide the nature, amount, duration, and manner of
periodic payments by considering all relevant factors including the following: 1) the
financial resources of the spouse seeking maintenance; 2) the education and
employment skills of the spouses and the time necessary to acquire sufficient education
or training to enable the spouse seeking maintenance to find appropriate employment; 3)
the duration of the marriage; 4) the age, employment history, earning ability, and
physical and emotional condition of the spouse seeking maintenance; 5) the ability of the
spouse from whom maintenance is sought to meet that spouse�s needs and to provide
periodic child support payments, if applicable, while meeting the needs of the spouse
seeking maintenance; 6) acts by either spouse which resulted in excessive or abnormal
expenditures or destruction, concealment, or disposition of community property; 7)
comparative financial resources of the spouses, including retirement benefits, and the
separate property of each spouse; 8) the contribution by one spouse to the education,
training, or increased earning power of the other spouse; 9) the property brought to the
marriage by either spouse; 10) the contribution of the spouse as homemaker; 11) any
marital misconduct of the spouse seeking maintenance; and 12) the efforts of the
spouse seeking maintenance to pursue available employment counseling.
Unless the spouse seeking maintenance has an incapacitating physical or mental
disability, it is presumed that maintenance is not warranted unless the spouse has
exercised diligence in seeking suitable employment or developing the necessary skills to
become self-supporting.
If the spouse seeking maintenance is unable to support himself/herself through
appropriate employment because of incapacitating physical or mental disability, the court
may order maintenance for an indefinite period for as long as the disability continues. In
all of the cases, the court may not enter a maintenance order that remains in effect for
more than three years, and the court shall limit the duration of a maintenance order to
the shortest reasonable period of time that allows the spouse seeking maintenance to
meet the spouse�s minimum reasonable needs by obtaining appropriate employment or
developing an appropriate skill, unless the ability of the spouse to provide for minimum
needs is diminished because of disability, duties as a custodian for young children, or
other compelling impediment to gainful employment.
A court may not enter a maintenance order that requires a spouse to pay monthly
more than the lesser of: 1) $2,500; or 2) 20% of the spouse�s average monthly gross
income. The court shall set the amount that a spouse is required to pay for maintenance
in order to provide for the minimum reasonable needs of the spouse receiving the
maintenance, considering any employment or property received in the divorce or
otherwise owned by the spouse receiving maintenance, which property contributes to the
minimum reasonable needs of that spouse. VA benefits, disability compensation, social
security, and workers� compensation benefits are excluded from maintenance.
The obligation to pay future maintenance terminates on the death of either party
or on the remarriage of the recipient. After a hearing, the court shall terminate the
maintenance order if the recipient cohabits with another person in a permanent place of
abode on a continuing, conjugal basis.
V.T.C.A., Family Code �3.9601-3.9607. UTAH
Alimony is money paid by one spouse for the support and maintenance of the
other spouse. The court shall consider at least the following factors in determining
alimony: 1) the financial condition and needs of the recipient spouse; 2) the recipient�s
earning capacity or ability to produce income; 3) the ability of the payer spouse to
provide support; and 4) the length of the marriage. The court may consider the fault of
the parties in determining alimony. As a general rule, the court shall look to the standard
of living, existing at the time of separation, in determining alimony. However, the court
shall consider all relevant facts and equitable principals, and may in its discretion base
alimony on the standard of living that existed at the time of trial. In marriages of short
duration, the court may consider the standard of living that existed at the time of
marriage. The court may, under appropriate circumstances, attempt to equalize the
parties� respective standards of living.
When a marriage of long duration dissolves on the threshold of a major change in
the income of one of the spouse due to the collective efforts of both, that change should
be considered in determining the amount of alimony. If one spouse�s earning capacity
has been greatly enhanced through the efforts of both spouses during the marriage, the
court may make a compensating adjustment in awarding alimony.
In determining alimony for a marriage of short duration, the court may consider
restoring each party to the condition which existed at the time of the marriage.
Alimony may not be ordered for a duration longer than the number of years that
the marriage existed unless, at any time prior to termination of alimony, the court finds
extenuating circumstances that justify the payment of alimony for a longer period of time.
Unless a decree specifically provides otherwise, any order of the court for
payment of alimony automatically terminates upon the remarriage of the recipient or
upon establishment, by the party paying alimony, that the former spouse is cohabiting
with another person.
UCA 30-3-5. VERMONT
Alimony or spousal maintenance is money paid by one spouse for the support
and maintenance of the other spouse. The court may order either party to pay
maintenance to the other, either rehabilitative or permanent in nature, if the court finds
that the spouse seeking maintenance: 1) lacks sufficient income, property, or both, to
provide for his reasonable needs; and 2) is unable to support himself through
appropriate employment at the standard of living established during the marriage or is
the custodian of a child of the parties. The maintenance order shall be in such amounts
and for such periods of time as the court deems just, after considering all relevant factors
including, but not limited to: 1) the financial resources of the party seeking maintenance,
the property apportioned to that party, the party�s ability to meet his or her needs
independently, and the extent to which a provision for support of a child contains a sum
for the party as custodian of that child; 2) the time and expense necessary to acquire
sufficient education or training to enable the party seeking maintenance to find
appropriate employment; 3) the standard of living established during the marriage; 4) the
duration of the marriage; 5) the age and the physical and emotional condition of each
party; 6) the ability of the spouse from whom maintenance is sought to meet his or her
reasonable needs while meeting those of the spouse seeking maintenance; 7) inflation
with relation to the cost of living.
15 VSA Section 752. VIRGINIA
Alimony or spousal maintenance is money paid by one spouse for the support
and maintenance of the other spouse. No permanent maintenance shall be awarded to
a spouse if the divorce was decreed on the ground of adultery by that spouse. However,
the court may make an award of maintenance, not withstanding the existence of
adultery, if the court determines from clear and convincing evidence that a denial of
maintenance would constitute a manifest injustice, based upon the respective decrees of
fault during the marriage and the relative economic circumstances of the parties. In its
discretion the court may decree that maintenance be paid in periodic payments or in a
lump sum award, or both. In determining whether to award maintenance and how much,
the court shall consider the circumstances and factors which contributed to the divorce,
specifically including adultery and any other grounds for divorce. If the court determines
that an award should be made, it shall also consider the following factors in determining
the amount of the award: 1) the earning capacity, obligations, needs, and financial
resources of the parties, including but not limited to income from all pension, profit
sharing or retirement plans; 2) the education and training of the parties and their ability
and opportunity to obtain education and training; 3) the standard of living established
during the marriage; 4) the duration of the marriage; 5) the age and physical and mental
condition of the parities; 6) the contributions, monetary and non-monetary, of each party
to the well-being of the family; 7) the property interests of the parties; 8) the court�s
distribution of property; 9) tax consequences; and 10) any other factors necessary to
consider the equities between the parties.
CV �20-107.1.
If the parties have entered into a written stipulation or contract to settle all issues
arising out of their marriage, including the issue of spousal maintenance, the court shall
enter its decree in accordance with that stipulation or contract. Spousal maintenance
shall terminate upon the death or remarriage of the recipient, unless otherwise provided
by stipulation or contract.
CV �20-109. WASHINGTON
Alimony or spousal maintenance is money paid by one spouse for the support
and maintenance of the other spouse. The Washington Superior Court may grant a
maintenance order for either spouse. The maintenance order shall be in such amounts
and for such periods of time as the court deems just, without regard to marital
misconduct, after considering all relevant factors including but not limited to: 1) the
financial resources of the party seeking maintenance, including property awarded to him,
and his ability to meet his needs independently, including the extent to which a provision
for child support of a child living with that party includes support for that party; 2) the time
necessary to acquire sufficient education or training to find employment; 3) the standard
of living established during the marriage; 4) the duration of the marriage; 5) the age,
physical and emotional condition, and financial obligations of the spouse seeking
maintenance; and 6) the ability of the spouse from whom maintenance is sought to meet
his needs and financial obligations while meeting those of the spouse seeking
maintenance.
RCW �26.09.090.
Unless otherwise agreed in writing or expressly provided in the decree, the
obligation to pay future maintenance is terminated upon the death of either party or the
remarriage of the party receiving maintenance.
RCW �26.09.170. WEST VIRGINIA
Alimony is an amount of money which a person pays to or on behalf of the
support of the other spouse while the parties are separated or after they are divorced.
The court may order alimony to be paid in a lump sum or in the form of periodic
installments, or both. An award of alimony shall not be disproportionate to a party�s
ability to pay, based upon the evidence before the court. As a part of alimony, the court
may order either party to continue existing health insurance coverage, or a substituted
health insurance policy, for the benefit of the other party. In such a case, payments
made directly to an insurer shall be deemed to be alimony or installment payments for
distribution of property, as the court shall direct.
The court shall specifically state in the decree whether or not alimony terminates
upon the death of the payor and whether or not alimony terminates upon the remarriage
of the recipient.
In determining whether alimony is to be awarded, and in what amount, the court
shall consider and compare the fault or misconduct of either or both of the parties and
the effect of such fault or misconduct as a contributing factor to cause the breakup of the
marital relationship. Alimony shall not be awarded to a party determined to be at fault
when, as a grounds granting the divorce, such party is determined by the court to have
committed adultery, to have been convicted of a felony subsequent to the marriage, or to
have actually abandoned or deserted his or her spouse for at least six months.
WV Code �48-2-15. WISCONSIN
The court may grant an order requiring spousal maintenance payments to either
party for a limited or for an indefinite length of time after considering all relevant factors
including the following: 1) length of the marriage; 2) age and physical and emotional
health of the parties; 3) the division of property; 4) the educational level of each party; 5)
the earning capacity of the party seeking maintenance including educational
background, employment skills, work experience, absence from the job market, custodial
responsibilities, and the time and expense necessary to acquire additional education or
training; 6) the feasibility that the party seeking maintenance can become self-supporting
at a standard of living reasonably comparable to that enjoyed during the marriage and, if
so, the length of time necessary to achieve this goal; 7) the tax consequence to each
party; 8) any mutual agreement made by the parties before or during the marriage
regarding their financial or service contributions and their expectations of reciprocation or
other compensation in the future; 9) the contribution by one party to the education,
training or increased earning power of the other; and 10) all other relevant factors in
each individual case.
The court may also make a financial order designated �family support� as a
substitute for child support and maintenance payments.
Wis. Stat. �767.26, and �767.261. WYOMING
Alimony is money paid by one spouse for the support and maintenance of the
other spouse. The court may order either party to pay reasonable alimony to the other
party, having regard to the financial circumstances and abilities of the parties. Alimony
may be ordered for life or for any specific sum or less or more, as determined in the
discretion of the court.
W.S. 20-2-114. |
