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

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    Remember, an accusation of voluntary underemployment must be proven in court and it takes a well trained legal mind to know how to do this to the court’s satisfaction.
  • Equitable Distribution for Pre-Marital Co-Habitation
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  • Forensic Accounting and Divorce
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  • California Enforcement of Child Support Orders from Other States
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  • How a Divorce Can Impact Your Retirement Planning
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  • What Are the Benefits of Legal Separation
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  • When One Spouse Takes Advantage of Alimony
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  • The Need for Mediation in Divorce Proceedings
    Divorce is often a very painful and emotional time. Family law cases are some of the most contentious in existence. However, not all divorce cases must be bitter and problematic. Mediation helps bridge the gap between parties and offers them the ability to split in an amicable fashion.
  • Will Dating During a Divorce Result in Any Legal Implications?
    Before considering to date someone while a divorce is still being finalized or has not had the paperwork completed may risk negative consequences. There are often possible legal ramifications to understand that could cause a negative impact on the individual that does date another person when going through a divorce. These issues could affect the divorcing partner and the other dating him or her.



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