Alimony, Maintenance, Spousal Support

U.S. Divorce Law Center





Alimony, Maintenance and Spousal Support Laws in the U.S. Copyright HG.org

Alimony, Maintenance, Spousal Support

Alimony, Maintenance, or Spousal Support is money paid from one spouse to the other for the purpose of supporting the spouse with fewer financial resources. A court awards support on the basis of one spouse’s need or entitlement and the other spouse’s ability to pay.

Long term alimony is becoming less common with the advent and increasingly common instance of two income earners in a marriage. In today’s society, it is now far less common for one spouse to be completely financially dependent on another spouse.


Rehabilitative Support

The most common type of spousal support awarded is rehabilitative support, which is awarded for a finite period to allow the spouse with fewer financial resources to adjust and establish him/herself; perhaps by obtaining an education or job training, or returning to school to complete a degree, in order to become self-supporting.

This type of support is designed to make up for the disadvantage experienced by a spouse who may have left a job or didn’t pursue a career in order to help the other spouse’s career or to raise children and assume family duties. Rehabilitative support is typically only awarded for up to five years.

Some of the typical criteria courts use when considering rehabilitative alimony include the following:
  • Length of the marriage;
  • Age of recipient spouse;
  • Earning capabilities of recipient spouse;
  • Length of recipient spouse’s absence from job market; and
  • Time and expense necessary to educate and train recipient spouse.
Some courts also require an outline of the steps the spouse requesting support will take to achieve self-sufficiency.

Permanent Support

Although far less common, in certain situations, permanent or long-term support is still awarded. If a spouse is unable to become self-supporting due to age, health or disability, a court may award permanent support. When considering this type of support, courts often review the same factors applied when dividing property.

This type of support can end if the recipient spouse remarries or cohabitates. It may also be modified if there is an applicable change in circumstances.

Alimony, Maintenance and Spousal Support Laws by State

Laws related to awarding support to one spouse by the other and determining the type, amount and length of time of the award vary from state to state. The following links provide general overviews of individual states' spousal support laws.


Alimony Articles

  • Pregnancy and Divorce
    Pregnancy can be a time of great joy for couples, but it can also be a time of tremendous stress. What happens if a couple gets a divorce (or is in the process of divorcing) while the wife is pregnant? There are many unique legal issues raised under these precarious circumstances.
  • Divorce and Illness
    Two researchers from Iowa State University and the University of Indianapolis have released the findings of a study funded by the US National Institute on Aging.
  • Impact of Domestic Violence
    Victims of domestic violence react to being attacked or abused in different ways. Individuals may feel angry, afraid, confused or even emotionally numb.
  • Hidden Financial Assets During Divorce
    Dividing assets during a divorce is a complicated process, especially for wealthy families.
  • Termination of Alimony Due to Cohabitation
    On September 10, 2014 Governor Christie signed into law an alimony reform statute that addressed many spousal support related concerns raised by various advocacy groups over the past few years.
  • Social Networking Sites and Divorce Discovery
    Social networking sites vary on their ease of use in terms of acquiring discovery. It is important to know the varying nuances if social network evidence is important to your divorce or family law matter.
  • Basics of Mediation
    Mediation is negotiating with the assistance of a neutral third party (the mediator) who facilitates the negotiation process.
  • Ways Divorce Attorneys Help Their Clients
    Divorce is often an emotionally and financially draining time. However, a qualified divorce attorney can help make the process easier. Here are some of the pivotal roles and tasks that divorce lawyers help their clients with.
  • What Family Law Court is Really Like
    The people who can best appreciate what spending time in the family court system is like are family law attorneys. We live in this system day in and day out, seeing the same processes repeated in case after case.
  • The Economic Implications of Allimony Reform
    Recent efforts by social conservatives to reform alimony laws appear to contradict traditional conservative values and could lead to significant economic disadvantages for divorced women.

Find a Local Lawyer