Alimony Law - Spousal Support Law - Maintenance Law






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Alimony Law is a subcategory of Divorce Law, and deals with the financial legal obligation one spouse/partner is ordered to pay another spouse/partner after a dissolution of marriage/civil union/domestic partnership. Historically known as alimony, in many states these payments are now known as Spousal Support or Maintenance as well or instead.

There is now Rehabilitative Support, which is most common, or Permanent support, which has become very rare. Rehabilitative support is awarded for a finite period of time and is meant to assist the spouse receiving it while she/he becomes self-sufficient. Permanent or long-term support may still be awarded in some instances, such as disability or advanced age, after a long-term marriage. Other categories include temporary alimony, and lump sum alimony.

Alimony law is administered and enforced on a state level and varies from one jurisdiction to another. Courts will generally review several factors when determining an award of spousal support or maintenance. Though these criteria can differ from one state to the next, some common factors include the duration of the marriage; the age of the spouse being awarded support; that spouse’s earning capacity; how long that spouse has been away from the job market; and how long and how much it will cost for the education and training needed to return that spouse successfully to the job market. Many states also consider the effect child custody has on one party’s earning capacity; property division; and the tax consequences, to both parties, of the support ordered.

For more information about individual laws addressing alimony, spousal support and maintenance, as well as procedures and related topics for U.S. states, please visit our U.S. Divorce Law Center.

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