Difference between revisions of "Alimony"

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Alimony (also called maintenance (Britain), spousal support (U.S./Canada) and spousal maintenance (Australia)) is a legal obligation on a person to provide financial support to his or her spouse after marital separation or divorce. The obligation arises from the divorce law or family law of each country. Traditionally, alimony was paid by a husband to his former wife, but since the 1970s there have been moves in many Western countries to gender equality with a corresponding recognition that a former husband may also be entitled to alimony from his former wife.

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 '''Alimony''' (also called '''maintenance''' (Britain), '''spousal support''' (U.S./Canada) and '''spousal maintenance''' (Australia)) is a legal obligation on a person to provide financial support to his or her spouse after marital separation or divorce. The obligation arises from the [[wikipedia:divorce|divorce]] [[wikipedia:law|law]] or [[wikipedia:family_law|family law]] of each country. Traditionally, alimony was paid by a husband to his former wife, but since the 1970s there have been moves in many Western countries to [[wikipedia:gender_equality|gender equality]] with a corresponding recognition that a former husband may also be entitled to alimony from his former wife.
+{{Draft}}
-==Etymology==
-{{Wiktionary}}
+{{Wikipedia}}
-The term alimony comes from the Latin word ''[[wikt:alimonia#Latin|alimōnia]]'' ("nourishment, sustenance", from ''[[wikt:alere|alere]],'' "to nourish"), from which also [[wikipedia:alimentary|alimentary]] (of, or relating to food, nutrition, or digestion) and the [[wikipedia:scots_law|Scots law]] concept of [[wikipedia:aliment|aliment]], and was a rule of sustenance to assure the wife's lodging, food, clothing, and other necessities after divorce.<ref name="Hardy">{{cite web|title=Nevada Alimony: An Important Policy in Need of a Coherent Policy Purpose | author=The Honorable David A. Hardy| publisher = Nevada Law Journal (Winter 2009) 9 Nev. L.J. 325|url=https://litigation-essentials.lexisnexis.com/webcd/app?action=DocumentDisplay&crawlid=1&srctype=smi&srcid=3B15&doctype=cite&docid=9+Nev.+L.J.+325&key=1683b20312857bac7ee1e9068254486e}}</ref>
-==History==
-Alimony has been discussed in ancient legal texts including the [[wikipedia:Babylonian|Babylonian]] [[wikipedia:Code of Hammurabi|Code of Hammurabi]]<ref>{{cite book
-|author=Translated by L. W. King
-|title=The Code of Hammurabi
-|url=http://eawc.evansville.edu/anthology/hammurabi.htm
-|date=1 June 2004
-|publisher=Kessinger Publishing
-|isbn=978-1-4191-5703-5
-|pages=13–14
-|archiveurl=http://www.webcitation.org/6GzDFuwFe
-|archivedate=29 May 2013
-|quote="137. If a man wish to separate from a woman who has borne him children, or from his wife who has borne him children: then he shall give that wife her dowry, and a part of the usufruct of field, garden, and property, so that she can rear her children. When she has brought up her children, a portion of all that is given to the children, equal as that of one son, shall be given to her. She may then marry the man of her heart.138. If a man wishes to separate from his wife who has borne him no children, he shall give her the amount of her purchase money and the dowry which she brought from her father's house, and let her go. 139. If there was no purchase price he shall give her one mina of gold as a gift of release. 140. If he be a freed man he shall give her one-third of a mina of gold.".
-}}</ref> (1772 BC) and the [[wikipedia:Code of Justinian|Code of Justinian]]<ref name="JustinianCode001">{{cite book|author=Charles Knight|title=The English Cyclopaedia: Division. Geography. 4v. and Suppl|url=http://books.google.com/books?id=cS4lAAAAMAAJ|year=1867|publisher=Bradbury, Evans|page=40}}</ref> (529 to 534 AD).
-The modern concept of alimony is derived from unwritten law of England, [[wikipedia:ecclesiastical courts|ecclesiastical courts]] and [[wikipedia:Cannon law|Cannon law]] that awarded alimony in cases of separation and divorce.<ref name="VernerandHulbert001">{{cite journal | url=http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1949&context=lcp | title=THE HISTORICAL BACKGROUND OF ALIMONY LAW AND ITS PRESENT STATUTORYSTRUCTURE | author=Vernier, Chester G.: Hurlbut, John B. | journal=Law and Contemporary Problems | year=1939 | volume=6 | issue=2 (Spring) | pages=197-212 | archiveurl=http://www.webcitation.org/6GzEPHGXU | archivedate=29 May 2013}}</ref>  ''Alimony pendente lite''  was given until the divorce decree, based on the husband's duty to support the wife during a marriage that still continued.<ref name="AlPenLite1831">{{cite book
-|title=An Analytical Digest of the Cases Published in the Law Journal: And in All the Reports of Decisions in the Courts of Common Law and Equity, in the Ecclesiastical and Admiralty Courts, by the Twelve Judges, on Appeal Before the House of Lords at Nisi Prius and in the Court for Relief of Insolvent Debtors, from Michaelmas Term, 1822, to Trinity Term, 1828, Inclusive
-|url=http://books.google.com/books?id=IkIyAAAAIAAJ
-|year=1831
-|publisher=J. W. Paget}}</ref>  ''Post-divorce'' or ''permanent alimony'' was also based on the notion that the marriage continued, as ecclesiastical courts could only award a ''divorce a mensa et thora'', similar to a legal separation today. As divorce did not end the marriage, the husband's duty to support his wife remained intact.<ref name=Nolan703>{{cite book
-|author1=Laurence C. Nolan
-|author2=Lynn D. Wardle
-|title=Fundamental principles of family law
-|url=http://books.google.com/books?id=WjgL3ha8OSQC
-|year=2005
-|publisher=Wm. S. Hein Publishing
-|isbn=978-0-8377-3832-1}}</ref>
-Liberalization of divorce laws occurred in the 19th century, but divorce was only possible in cases of marital misconduct. As a result, the requirement to pay alimony became linked to the concept of fault in the divorce.<ref name="AAML"/> Alimony to wives was paid because it was assumed that the marriage, and the wife's right to support, would have continued but for the misbehavior of husband. Ending alimony on divorce would have permitted a guilty husband to profit from his own misconduct. In contrast, if the wife committed the misconduct, she was considered to have forfeited any claim to ongoing support. However, during the period, parties could rarely afford alimony, and so it was rarely awarded by courts.<ref name=Nolan703/>  As husbands' incomes increased, and with it the possibility of paying alimony, the awarding of alimony increased, generally because a wife could show a need for ongoing financial support, and the husband had the ability to pay.<ref name=Nolan703/><ref name="McCoy">{{cite journal|last=McCoy|first=Jennifer L. |date=Winter 2005|title= Spousal Support Disorder: an overview of problems in current alimony law  |journal=Florida State University Law Review|volume=33|pages=506|url=http://www.law.fsu.edu/journals/lawreview/downloads/332/mccoy.pdf}}</ref>  No-fault divorce led to changes in alimony. Whereas spousal support was considered a right under the fault-based system,  it became conditional under the no-fault approach.<ref name="McCoy"/> According to the [[wikipedia:|american_bar_association|American Bar Association]], marital fault is a "factor" in awarding alimony in 25 states and the District of Columbia.<ref>{{cite web|title=Alimony/Spousal Support Factors |url=http://www.abanet.org/family/familylaw/flqwinter09_alimony.pdf | publisher = [[wikipedia:|american_bar_association|American Bar Association]]}}</ref> Permanent alimony began to fall out of favor, as it prevented former spouses from beginning new lives,<ref name="McCoy"/> though in some states (e.g., Massachusetts, Mississippi, and Tennessee), permanent alimony awards continued.<ref>{{cite web|title=Alimony For Life - Push To Change Mass. Laws |url=http://wbztv.com/local/alimony.for.life.2.1304753.html|publisher=WBZ New Channel 38}}</ref><ref name="The Honorable Robert E. Gaston">{{cite web|title=Alimony: You Are The Weakest Link! Part1| author = The Honorable Robert E. Gaston| publisher = State Bar of Nevada www.NVBAR.org | url=http://google.com/search?q=cache:QeIczo8TRPkJ:www.nvbar.org/nevadalawyerarticles3.asp%3FTitle%3DAlimony%253A%2BYou%2Bare%2Bthe%2BWeakest%2BLink!%2BPart%2B1+Survey+Nevada+Judges+Hypothetical&cd=2&hl=en&ct=clnk&gl=us}}</ref><ref name="massalimonyreform.org">{{cite web|title=Alimony: Peonage or Involuntary Servitude? by Alfred J. Sciarrino and Susan K. Duke|url=http://www.massalimonyreform.org/PDFs/alimony-servitude-peonage.pdf}}</ref><ref name="Alimony Agony"/> Alimony moved beyond support to permitting the more dependent spouse to become financially independent or to have the same standard of living as during the marriage or common law marriage, though this was not possible in most cases.<ref name=Nolan703/><ref name="Sciarrino2003">{{cite journal|last=Sciarrino |first=Alfred J. |coauthors=Duke, Susan K|year=2003|title=Alimony: Peonage or Involuntary Servitude?|journal=Am. J. Trial Advoc.|volume=27 |url=http://www.massalimonyreform.org/PDFs/alimony-servitude-peonage.pdf}}</ref>
-In the 1970s, the [[wikipedia:united_states_supreme_court|United States Supreme Court]] ruled against gender bias in alimony awards, and the percentage of alimony recipients who are male rose to 3.6% in 2006.<ref>{{cite news|title=Men Receiving Alimony Want A Little Respect |url=http://online.wsj.com/article/SB120700651883978623.html|publisher=[[wikipedia:the_wall_street_journal|The Wall Street Journal]] | first=Anita | last=Raghavan | date=2008-04-01}}</ref>  In states like Massachusetts and Louisiana, the salaries of new spouses may be used in determining the alimony paid to the previous partners.<ref name="Alimony Agony">{{cite news|title=Alimony Agony|publisher=[[wikipedia:the_boston_globe|The Boston Globe]]|url=http://www.boston.com/news/local/massachusetts/articles/2009/11/13/alimony_agony/ | first=Adrian | last=Walker | date=2009-11-13}}</ref><ref name="ABC News">{{cite web|title=Wife No. 2 Paying for Wife No. 1? Join the Club|url=http://www.abcnews.go.com/Business/2nd-wives-club-angry-tapped-alimony/story?id=9010118|publisher=[[wikipedia:abc_news|ABC News]]}}</ref>   Most recently, in several high profile divorces, females such as [[wikipedia:britney_spears|Britney Spears]], [[wikipedia:victoria_principal|Victoria Principal]], and [[wikipedia:jessica_simpson|Jessica Simpson]] have paid multi-million dollar settlements in lieu of alimony to ex-husbands who were independently wealthy.<ref>{{cite web|title='Gal-imony': Celeb Women Who Pay in the Divorce|url=http://abcnews.go.com/Entertainment/CelebrityCafe/story?id=7356641&page=1|publisher=[[wikipedia:abc news|ABC News]]}}</ref><ref name="abcnews.go.com">{{cite web|title=Role Reversal: Ex-Wives Angry Over Paying Alimony|url=http://abcnews.go.com/Business/role-reversal-wives-angry-paying-alimony/story?id=8662940|publisher= [[wikipedia:abc_news|ABC News]]}}</ref>  According to lawyers, males are becoming more aggressive in the pursuit of alimony awards as the stigma associated with asking for alimony fades.<ref name="abcnews.go.com"/>
-==Reckoning==
-Once [[wikipedia:dissolution (law)|dissolution]] proceedings commence, either party may seek interim or [[wikipedia:pendente_lite|pendente lite]] support during the course of the [[wikipedia:litigation|litigation]].
-Where a [[wikipedia:divorce|divorce]] or [[wikipedia:dissolution_of_marriage|dissolution of marriage]] ([[wikipedia:civil_union|civil union]]) is granted, either party may ask for post-marital alimony.  It is not an absolute right, but may be granted, the amount and terms varying with the circumstances.  If one party is already receiving support at the time of the divorce, the previous order is not automatically continued (although this can be requested), as the arguments for support during and after the marriage can be different.
-Unless the parties agree on the terms of their divorce in a binding written [[wikipedia:legal instrument|instrument]], the court will make a determination based on the legal argument and the [[wikipedia:testimony|testimony]] submitted by both parties. This can be modified at any future date based on a change of circumstances by either party on proper notice to the other party and application to the court.  The courts are generally reluctant to modify an existing agreement unless the reasons are compelling.  In some jurisdictions the court always has jurisdiction to grant maintenance should one of the former spouses become a public charge.
-In the U.S. state law establishes requirements regarding alimony (and child support) payments, recovery and penalties.  A spouse trying to recover back alimony sometimes may use only the collection procedures that are available to all other creditors (such as reporting the amount due to a [[wikipedia:collection_agency|collection agency]]).
-One who allows his or her alimony obligations to go into arrears, where there is an ability to pay, may be found in [[wikipedia:contempt_of_court|contempt of court]] and be sent to jail.<ref>{{cite web|title=Support Enforcement: The Power of Contempt of Court|url=http://www.moorefamilylawmn.com/tag/jail-timje-to-enforce-spousal-support-alimony/}}</ref>  Alimony obligations are not discharged as a result of the obligee filing [[wikipedia:bankruptcy|bankruptcy]].<ref name="Bankruptcy and Divorce">{{cite web|title=Bankruptcy and Divorce|url=http://www.divorceinfo.com/bkrcybankruptcy.htm}}</ref>  Ex-spouses who allow '''child-support obligations''' to go into arrears may have certain licenses seized, be found in [[wikipedia:contempt_of_court|contempt of court]], and/or be sent to jail.<ref>{{cite news|title=Judge Frees PA Inmate|publisher=Pittsburg Post-Gazette|url=http://www.post-gazette.com/pg/09192/983301-454.stm | first=Mari A. | last=Schaefer |date=2009-07-11}}</ref>  Like alimony, child-support obligations are not discharged as a result of the obligee filing [[wikipedia:bankruptcy|bankruptcy]].<ref name="Bankruptcy and Divorce"/>
-==Child support==
-Alimony is not [[child support]], where, after divorce, one parent is required to contribute to the support of their children by paying money to the child's other parent or guardian.  Considered a payment that a parent is making for the support of their offspring, the parent who pays [[child support]] pays the taxes.<ref>{{cite news | title=Financial Planning:  Alimony |publisher = [[wikipedia:forbes|Forbes]] | url=http://www.forbes.com/2006/01/24/irs-taxes-moving-cx_sr_0126taxes27.html | date=2006-01-26}}</ref> However, alimony is treated as taxable [[wikipedia:income|income]], in most countries, to the receiving spouse, and, in most cases, deducted from the gross income of the paying spouse.
-== Factors affecting alimony ==
-{{Globalize|date=December 2009}}
-The determination of alimony varies greatly from country to country and from state to state within the U.S.<ref name="AAML">{{cite document|title=Report of the American Academy of Matrimonial Lawyers on Considerations when Determining Alimony, Spousal Support or Maintenance Approved by Board of Governors March 9, 2007 | publisher = American Academy of Matrimonial Lawyers  |url=http://www.aaml.org/tasks/sites/default/assets/File/docs/articles/AAML_-_Considerations_when_Determining_Alimony.doc|format=Microsoft Word}}</ref> Some state statutes, including those of Texas, Montana, Kansas, Utah, Kentucky and Maine, give explicit guidelines to judges on the amount and/or duration of alimony.  In Texas, Mississippi and Tennessee, for example, alimony is awarded only in cases of marriage or civil union of ten years or longer and the payments are limited to three years unless there are special, extenuating circumstances.  Furthermore,  the amount of spousal support is limited to the lesser of $2,500 per month or 40% of the payee's gross income.<ref name="Texas Statute">{{cite web|title=Texas Statute|url=http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.8.htm}}</ref><ref name="Maine Statute">{{cite web|title=Maine Statute|url=http://www.mainelegislature.org/legis/Statutes/19-A/title19-Asec951-A.html}}</ref><ref>{{cite web|title=Montana Statute|url=http://data.opi.state.mt.us/bills/mca/40/4/40-4-203.htm}}</ref>  In Delaware, spousal support is usually not awarded in marriages of less than 10 years.<ref name="Texas Statute"/>  In Kansas, alimony awards cannot exceed 121 months.<ref name="Texas Statute"/>  In Utah, the duration of alimony cannot exceed the length of the marriage.<ref name="Texas Statute"/>  In Maine, Mississippi, and Tennessee alimony is awarded in marriages or civil union of 10 to 20 years and the duration is half the length of the marriage barring extenuating circumstances.<ref name="Texas Statute"/>  Other states, including  California, Nevada and New York, have relatively vague statutes which simply list the "factors" a judge should consider when determining alimony (see list of factors below).<ref name="Texas Statute"/><ref name="Massachusetts Statute">{{cite web|title=Massachusetts Statute|url=http://www.mass.gov/legis/laws/mgl/gl-208-toc.htm}}</ref><ref>{{cite web|title=California Statute|url=http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=04001-05000&file=4320-4326}}</ref><ref name = "Oldham">{{cite journal|title=Changes in the Economic Consequences of Divorces, 1958-2008| author = J. Thomas Oldham | publisher = University of Houston Law Center | ssrn=1323911}}</ref>  In these states, the determination of duration and amount of alimony is left to the discretion of the family court judges who must consider case law in each state.  In Mississippi, Texas and Tennessee, for example, there are 135 Appellate Cases in addition to 47 sections of State Statute that shape divorce law.  As a result of these Appellate Cases, for example, Mississippi judges cannot order an end date to any alimony award. In 2012,Massachusetts signed into law comprehensive Alimony Reform.<ref>http://masslawlib.blogspot.com/2011/09/alimony-reform-law-signed.html</ref> This law sets limits on alimony and eliminates lifetime alimony.
-In general, there are four types of alimony.<ref>{{cite web|title=Alimony/Maintenance|publisher= The [[wikipedia:american_bar_association|American Bar Association]]|url=http://www.abanet.org/publiced/practical/books/family/chapter_10.pdf}}</ref>
-'''Temporary Alimony:'''  Support ordered when the parties are separated prior to divorce. Also called ''alimony pendente lite'', which is Latin, meaning, "pending the suit".
-'''Rehabilitative Alimony:'''  Support given to a lesser-earning spouse for a period of time necessary to acquire work outside the home and become self-sufficient.
-'''Permanent Alimony:'''  Support paid to the lesser-earning spouse until the death of the payor, the death of the recipient, or the remarriage of the recipient.
-'''Reimbursement Alimony:'''  Support given as a reimbursement for expenses incurred by a spouse during the marriage (like educational expenses).
-Some of the possible factors that bear on the amount and duration of the support are:
-{| class="wikitable" border="1"
-|-
-!width=30%|Factor
-!Description
-|-
-|Length of the marriage or civil union
-|Generally alimony lasts for a term or period, that will be longer if the marriage or civil union lasted longer.  A marriage or civil union of over 10 years is often a candidate for permanent alimony.
-|-
-|Time separated while still married
-|In some U.S. states, separation is a triggering event, recognized as the end of the term of the marriage.  Other U.S. states do not recognize separation or [[wikipedia:legal_separation|legal separation]].  In a state not recognizing separation, a 2-year marriage followed by an 8-year separation will generally be treated like a 10-year marriage.
-|-
-|Age of the parties at the time of the divorce
-|Generally more youthful spouses are considered to be more able to 'get on' with their lives, and therefore thought to require shorter periods of support.
-|-
-|Relative income of the parties
-|In U.S. states that recognize a right of the spouses to live 'according to the means to which they have become accustomed', alimony attempts to adjust the incomes of the spouses so that they are able to approximate, as best possible, their prior lifestyle.
-|-
-|Future financial prospects of the parties
-|A spouse who is going to realize significant income in the future is likely to have to pay higher alimony than one who is not.
-|-
-|Health of the parties
-|Poor health goes towards need, and potentially an inability to support oneself.  The courts do not want to leave one party indigent.
-|-
-|Fault in marital breakdown
-|In U.S. states where fault is recognized, fault can significantly affect alimony, increasing, reducing or even nullifying it.  Many U.S. states are '[[wikipedia:no fault divorce|no-fault]]' states, where one does not have to show fault to get divorced.  No-fault divorce spares the spouses the acrimony of the 'fault' processes, and closes the eyes of the court to any and all improper spousal behavior.  However, in Georgia a person who has an affair that causes the divorce is not entitled to alimony.<ref>[http://www.nytimes.com/2011/01/13/garden/13cheat.html?_r=1&scp=1&sq=don't%20try%20this%20at%20home&st=cse Don't Try This at Home] by Joyce Wadler, New York Times, Jan. 13, 2011, pg D1,</ref>
-|-
-|Gender of the recipient
-|In general, females may be more likely to be granted alimony than males because, historically, males made more money than females, partly due to having had fewer gaps in employment.
-|}
-== Alimony Reform in the United States ==
-In the United States family laws and precedents as they relate to divorce, community property and alimony vary based on state law.  Also, with new family models, "working couples", "working wives", "[[wikipedia:stay-at-home_dad|stay-at-home dad]]s", etc. there are situations where some parties to a divorce question whether traditional economic allocations made in a divorce are fair and equitable to the facts of their individual case. Some groups have proposed various forms of legislation to reform alimony parameters (i.e. amounts and term).<ref name="McCoy"/><ref name="Alimony Agony"/<ref name="ABC News"/><ref name="The Huffington Post">{{cite news|title=Divorce Reform In Massachusetts: David vs. Goliath|url=http://www.huffingtonpost.com/tom-matlack/divorce-reform-in-massach_b_357874.html|publisher=[[wikipedia:the huffington post|The Huffington Post]] | first=Tom|last=Matlack|date=2011-11-17}}</ref><ref name="New Art of Alimony">{{cite news|title=New Art of Alimony|publisher=[[wikipedia:the wall street journal|The Wall Street Journal]]|url=http://online.wsj.com/article/SB10001424052748703399204574505700448957522.html | first=Jennifer | last=Levitz | date=2009-10-31}}</ref><ref>{{cite news|title=Retirees Still Liable for Alimony, Massachusetts Court Rules|publisher=[[wikipedia:the new york times|The New York Times]]|url=http://www.nytimes.com/2009/11/10/us/10alimony.html?_r=1 | first=Abby | last=Goodnough | date=2009-11-10 | accessdate=2010-04-23}}</ref><ref name="On Point">{{cite web|title=On Point|publisher=[[wikipedia:national public radio|National Public Radio]]|url=http://www.onpointradio.org/2009/11/til-death-does-he-pay#comments}}</ref>  Alimony terms are among the most frequent issues causing litigation in [[wikipedia:family law|family law]] cases.<ref name=McCoy/><ref name="The Honorable Robert E. Gaston"/> Eighty percent of divorce cases involve a request for modification of alimony.<ref name="Barbara von Hauzen, Esp">{{cite web|title=Should Permanent Alimony Be Eliminated?| publisher = Massachusetts School of Law | author = Barbara von Hauzen, Esp.| url=http://www.massalimonyreform.org/PDFs/Should_Permanent_Alimony_Be_Eliminated.pdf|publisher=The Reformer}}</ref><ref>{{cite web|title=Should New Jersey Adopt a Formula Approach for Spousal Support?: Article on Alimony for New Jersey State Bar Association Annual Meeting, May 2009 | author = Christopher R. Musulin, Esquire | publisher= The New Jersey Bar Association | url=http://www.burlingtoncountydivorce.com/CM/Custom/Article%20on%20Alimony%20for%20NJ.pdf}}</ref>
-===English Common Law===
-Divorce law in the U.S. was based on [[wikipedia:english common law|English Common Law]], which developed at a time when a female gave up her personal property rights on marriage (see [[wikipedia:coverture|Coverture]]). Upon separation from marriage, the husband retained the right to the wife's property, but, in exchange, had an ongoing responsibility to support the wife after dissolution of the marriage.<ref name="AAML"/><ref name=McCoy/><ref name="massalimonyreform.org"/>  British law was amended by legislation including [[wikipedia:Married Women's Property Act 1870|Married Women's Property Act 1870]] and [[wikipedia:Married Women's Property Act 1882|Married Women's Property Act 1882]] which reformed females' property rights relating to marriage, by, for example, permitting divorced females to regain the property they owned before marriage.<ref name=McCoy/><ref name="massalimonyreform.org"/><ref name="New Art of Alimony"/><ref name="Barbara von Hauzen, Esp"/><ref>{{cite news|title=Retirees Still Liable for Alimony, Massachusetts, Mississippi and Tennessee Court Rules|publisher=[[wikipedia:The New York Times|The New York Times]]|url=http://www.nytimes.com/2009/11/10/us/10alimony.html?_r=1 | first=Abby | last=Goodnough | date=2009-11-10 | accessdate=2010-04-23}}</ref>
-===State Reform Initiatives===
-Some states (e.g. Florida, Texas, Maine) are moving away from permanent alimony awards that are intended to maintain a spouses' standard of living enjoyed during the marriage and are moving towards durational or rehabilitative alimony.<ref name="New Art of Alimony">{{cite journal|title=Theory Versus Reality: The Partnership Model of Marriage in Family and Income Tax Law|publisher=Temple Law Review|ssrn=1441473}}</ref><ref>{{cite web|title=Should Permanent Alimony Be Eliminated?| publisher = Massachusetts School of Law | author = Barbara von Hauzen, Esp. | url=http://www.massalimonyreform.org/PDFs/Should_Permanent_Alimony_Be_Eliminated.pdf|publisher=The Reformer}}</ref> In other states, like Mississippi, Massachusetts and Tennessee, alimony is usually awarded for life.<ref name="Alimony Agony"/><ref>{{cite web|title=From Prohibition to Approval: The Limitations of the ‘No Clean Break’ Divorce Regime in the Republic of Ireland | publisher = Oxford University Press | url=http://lawfam.oxfordjournals.org/cgi/content/abstract/16/2/223}}</ref><ref>{{cite news|title=Can an adulterer receive alimony? | publisher = [[wikipedia:cnn|CNN]] | url=http://edition.cnn.com/2005/LAW/05/05/grossman.adultery.alimony/index.html | date=2005-05-19 | accessdate=2010-04-23}}</ref>
-Some of the critical issues that proponents and opponents of alimony reform disagree upon are:
-*  Whether alimony should be temporary or permanent<ref name="New Art of Alimony"/>
-*  Regardless of duration, should alimony payees have the unquestionable right to retire?<ref>{{cite news|title=Retirees Still Liable for Alimony, Mississippi, Massachusetts and Tennessee Court Rules|publisher=[[wikipedia:The New York Times|The New York Times]]|url=http://www.nytimes.com/2009/11/10/us/10alimony.html?_r=1| first=Abby | last=Goodnough | date=2009-11-10 | accessdate=2010-04-23}}</ref>
-*  Does the lesser earning spouse deserve alimony to meet his/her basic needs ([[wikipedia:sustenance|sustenance]]) or to enough to sustain "the lifestyle accustomed to during the civil union or marriage"?<ref name="New Art of Alimony"/>
-*  Should the income and assets of a new spouse be used in determining how much alimony gets paid?<ref name="Alimony Agony"/>
-*  How clear and prescriptive should state statutes be versus allowing a larger degree of Judicial Discretion?<ref name="Alimony Agony"/><ref>{{cite web|title=Pierce v. Pierce Brief for the Amicus Curiae|publisher= The Women's Bar Association Of Massachusetts|url=http://www.womensbar.org/images/amicus_piercevpierce.pdf}}</ref><ref name="Massachusetts Alimony Reform">{{cite web|title=Massachusetts Alimony Reform|publisher=Massachusetts Alimony Reform|url=http://www.massalimonyreform.org/}}</ref><ref>{{cite news|title=Dueling alimony bills raise hackles in legal circles|publisher=[[wikipedia:Boston Business Journal|Boston Business Journal]]|url=http://boston.bizjournals.com/boston/stories/2009/10/05/story7.html | date=2009-10-05}}</ref><ref>{{cite web|title=Alimony For Life{{spaced ndash}} Push To Change Mass. Laws|publisher = WBZ News Channel 38|url=http://wbztv.com/local/alimony.for.life.2.1304753.html}}</ref>
-In several US states, including  Pennsylvania, Oklahoma and New Jersey, some lawmakers are attempting change of divorce laws as they pertain to alimony.<ref name="New Art of Alimony"/> Massachusetts law provided for lifetime alimony, but in early 2009 a reform bill (HB 1785) backed by a group called "Mass Alimony Reform"<ref name= "Mass Alimony Reform">{{cite web|title=Mass Alimony Reform|publisher=Mass Alimony Reform|url=http://www.massalimonyreform.org/}}</ref> gained 72 state representatives as co-sponsors (of a total of 200 Representatives and Senators). HB 1785 would have required a spouse receiving alimony to become self-sufficient after a reasonable time. It would have established alimony as a temporary payment instead of a permanent entitlement.<ref>{{cite news|title=Massachusetts proposes changes to alimony laws|publisher=[[wikipedia:The Boston Globe|The Boston Globe]]|url=http://www.boston.com/business/personalfinance/managingyourmoney/archives/2009/12/massachusetts_p.html |first=Jill | last=Boynton | date=2009-12-18}}</ref> This law would also have addressed the issue of [[wikipedia:cohabitation|cohabitation]]<ref name="Texas Statute"/>{{spaced ndash}} where the alimony recipient is living with, but not married to a new significant other.<ref name=McCoy/><ref name="The Honorable Robert E. Gaston"/><ref name="Texas Statute"/><ref name="New Art of Alimony"/><ref>{{cite web|title=IN SEARCH OF A COHERENT THEORETICAL MODEL FOR ALIMONY| author = MARSHAL WILLICK, ESQ.|publisher= The Nevada Lawyer|url=http://www.nvbar.org/publications/nevadalawyer/2007/april/family.htm}}</ref><ref>{{cite web|title=Massachusetts Bar Association: 2006–2007 Year in Review|publisher=Massachusetts Bar Association|url=http://www.massbar.org/media/153691/yearinreview.pdf}}</ref> The Massachusetts bill failed to garner sufficient support and it was not adopted during the 2009–2010 session.<ref>[http://www.hg.org/article.asp?id=20052 Is Reform Coming Soon for Massachusetts?]</ref> In January 2011, the bill was filed with the Massachusetts legislature. It was passed unanimously by the legislature and signed into law on September 26, 2011.<ref>{{cite news|title=Alimony reform in Massachusetts ends pay until death|publisher=[[wikipedia:The Washington Times|The Washington Times]]|url=http://www.washingtontimes.com/news/2011/sep/26/alimony-reform-in-massachusetts-ends-pay-until-dea/|first=Cheryl | last=Wetzstein | date=2011-09-26}}</ref><ref>{{cite news|title=Legislation overhauls Bay State alimony law|publisher=[[wikipedia:The Boston Globe|The Boston Globe]]|url=http://www.bostonglobe.com/metro/2011/09/26/legislation-overhauls-bay-state-alimony-law/k71iIkiPZG9YeQR5CwHc0M/story.xml|first=Martine | last=Powers | date=2011-09-26}}</ref> The law takes effect on March 1, 2012, provides for different categories of alimony, and limits the duration of alimony.<ref>[http://www.malegislature.gov/Bills/187/House/H03617 Bill H.3617]</ref>
-In New Jersey, a group called "[http://www.njalimonyreform.org New Jersey Alimony Reform]" was established in 2011 to encourage and promote similar reforms to alimony reforms within the state.<ref name="New Jersey Alimony Reform">[http://www.njalimonyreform.org]</ref> In 2012, a group called New Jersey Women For Alimony Reform <ref>http://www.facebook.com/njwar</ref> was established to promote Alimony Reform in New Jersey. In 2012, bills were introduced in the NJ Assembly and Senate. The Assembly passed a bill calling for a Blue Ribbon Commission to address Alimony Reform.<ref>http://southjerseylawfirm.com/blog/update-alimony-reform-bill-passes-new-jersey-assembly/</ref> The Senate has a similar bill pending that has not yet been posted in the Judiciary Committee.<ref>http://articles.philly.com/2012-08-19/news/33273321_1_alimony-law-judges-odd-jobs</ref> The NJ Matrimonial Bar Association has been vehemently fighting against Alimony Reform, lead by Patrick Judge, Jr. chairman of the Family Law section of the New Jersey State Bar Association.<ref>http://blog.nj.com/njv_guest_blog/2012/10/on_divorce_and_alimony_nj_on_w.html</ref> This stated position is contrary to the opinions shared by many in the legal community in New Jersey.<ref>http://www.highroadsolution.com/file_uploader/images/NJFamilyLawyerV33N1June2012.pdf, pages 27-70</ref> Mr Judge in fact lobbied strongly to remove any presence of Alimony Reformers on the Blue Ribbon Commission.<ref>http://www.highroadsolution.com/file_uploader/images/FamilyLawyerV33N2Oct2012.pdf, pages 1-2</ref>
-In Connecticut, a group called "[http://www.ctalimonyreform.com Connecticut Alimony Reform]" was also established in 2011 to encourage and promote similar reforms to alimony reforms within the state of Connecticut.<ref name="Connecticut Alimony Reform">[http://www.ctalimonyreform.com]</ref>
-In Maine, a "no-fault" divorce state, Statute §951-A provides that for marriages or civil union of between 10 and 20 years, alimony is limited to a period equal to half the length of the marriage.<ref name="Maine Statute"/> In Texas, another no-fault state, alimony Section 8.054 limits alimony (in marriages or civil union less than 20 years) to a maximum duration of three years.<ref name="Texas Statute"/><ref>{{cite web|title=UF professor: Alimony still plays a role in many failed marriages|publisher=University of Florida News | author=Dr. Felix Berardo | url=http://news.ufl.edu/2001/05/21/alimony/}}</ref><ref name="MCLE Law Publishers">{{cite web|title="Massachusetts Divorce Law Practice Manual" Section 4.5|publisher=MCLE Law Publishers|url=http://www.mcle.org/includes/pdf/2000278B00_S.pdf}}</ref>
-In Florida, a group called "[http://www.floridaalimonyreform.com Florida Alimony Reform]" was also established in 2011 to encourage and promote similar reforms to alimony reforms within the state of Florida. A comprehensive Alimony Reform bill passed the Florida House in 2012 but died in the Senate. In 2013, the House bill has passed one subcommittee and is being sent to the Judicial Committee.<ref>http://www.wftv.com/news/news/local/florida-lawmaker-wants-make-it-tougher-get-alimony/nWPgk/</ref> As in New Jersey, the Florida Matrimonial Bar, lead by Carin Porras, Chair, Family Law Section of The Florida Bar strongly opposes reform <ref>http://www.newschief.com/article/20130125/EDIT02/130129548/-1/living?Title=Alimony-Reform&tc=ar</ref>
-California, Connecticut, Georgia, Illinois, Oklahoma, New York, South Carolina, Tennessee, Utah, and West Virginia have all passed laws that allow for the modification or termination of alimony upon demonstration that the recipient is cohabitating with another person.<ref name="Florida State Senate">{{cite web|title=Florida State Senate: Interim Project Report 2005-146|publisher = State of Florida Senate|url=http://www.flsenate.gov/data/Publications/2005/Senate/reports/interim_reports/pdf/2005-146ju.pdf}}</ref> In April 2009, the Governor of New Jersey, Jon Corzine, signed into law changes in the alimony statutes for his state which would bar alimony payments to parents who kill, abuse, or abandon their children.<ref>{{cite web|title=Eliminating alimony, inheritance rights for murderers, abusers |publisher = The New Jersey News Room |url=http://www.newjerseynewsroom.com/state/eliminating-alimony-inheritance-rights-ofr-murderes-abusers}}</ref>
-Oregon Alimony Reform (OAR) was established in January 2012.  The organization was created to foster a more fair and equitable approach to alimony awards and subsequent modification proceedings.  OAR expects to have a bill on the floor of the Oregon Senate in the 2013 legislative session.  Co-directors are Jennifer Lexa and Robin DesCamp. {{Citation needed|date=September 2012}}
-==Spousal Support (Alimony) in Canada==
-'''Types of Spousal Support'''
-In Canada, spousal support may be awarded upon divorce, under the federal ''Divorce Act'', or upon separation without divorce under provincial statutes. There are generally three different forms of spousal support awarded:
-# Compensatory Support – This form of support compensates an individual for her or his contributions to the relationship as well as for any losses that individual has suffered;
-# Non-Compensatory Support – In some cases support may be awarded on a needs basis. This form of support may be awarded by a Court where an individual is sick or disabled; and
-# Contractual Support ([[wikipedia:divorce agreement|Divorce Agreement]])– This form of support upholds a contract between the parties which governs support payments.<ref name="laws.justice.gc.ca">[http://laws.justice.gc.ca/eng/D-3.4/page-3.html#anchorbo-ga:s_15-gb:s_15_2 Divorce Act (1985, c. 3 s. 15.2 (2nd Supp.))]</ref>
-'''Married Spouses and Common-law Spouses'''
-Both married spouses and common-law spouses may be entitled to spousal support. An important distinction between the two is that common-law spouses must start an action claiming spousal support within one year of the breakdown of the relationship. A second important distinction is that only married couples may divorce under the federal ''Divorce Act'', common-law spouses may only separate under provincial legislation, such as Ontario's ''Family Law Act''<ref>[http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90f03_e.htm#BK34 Family Law Act, R.S.O. 1990, c. F.3]</ref> or British Columbia's ''Family Relation's Act''.<ref>[http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96128_01#part7 Family Relations Act [RSBC 1996<nowiki>]</nowiki> ch. 128.]</ref> No such limitation arises for married individuals.
-In addition to being in a marriage or common-law relationship, courts will look at the conditions, means, needs and other circumstances of each spouse. This includes:
-) The length of time the spouses cohabited;
-) The functions performed by each spouse during the relationship; and
-) Any existing orders or agreements.
-This is by no means an exhaustive list of factors which the court will consider when determining entitlement. Each case is determined on its own unique set of circumstances.
-'''Factors for Awarding Spousal Support'''
-The federal ''Divorce Act'' at s.15.2 (6) states that there are four objectives of spousal support orders:
-) Recognize any economic advantages or disadvantages to the spouses arising from the marriage or its breakdown;
-) Apportion between the spouses any financial consequences arising from the care of any child of the marriage over and above any obligation for the support of any child of the marriage;
-) Relieve any economic hardship of the spouses arising from the breakdown of the marriage; and
-) In so far as practicable, promote the economic self-sufficiency of each spouse within a reasonable period of time.<ref name="laws.justice.gc.ca"/>
-'''Amount and Duration'''
-The longer the length of cohabitation and the greater the disparity between each party’s incomes, the larger an award of spousal support will be and the longer the duration will be.
-As stated above, spousal support calculations are complex. There are no tables to use as in child support calculations. Lawyers use special software designed specifically to calculate the entitlement, amount, and duration of support. After information is input into a computer, the software will provide a range for the spousal support amount and duration.
-Depending on the means and needs of the individual receiving support, the court will generally award an amount of spousal support somewhere within the range provided by the software. The longer the relationship, the greater the presumption that the parties should have an equal standard of living.
-Similarly, the length of the relationship will be taken into account when determining how long spousal support should be paid for. Awards for spousal support can be for a limited term or indefinite.<ref>{{cite web|title=Spousal Support Advisory Guidelines |publisher = [[wikipedia:Department of Justice (Canada)|Department of Justice, Canada]] | author=Rogerson, C; Thompson, R. | date=2008-07-01 |url=http://www.justice.gc.ca/eng/pi/fcy-fea/spo-epo/g-ld/spag/pdf/SSAG_eng.pdf}}</ref>
-While declaring bankruptcy does not dissolve Canadians of obligations to pay alimony or child support, a recent ruling by the Supreme Court of Canada established that under current laws "equalization payments agreed to as part of a divorce are considered debts, and are wiped off a person's balance sheet when they declare bankruptcy."<ref>{{cite news|title=Top court rules bankruptcy can break divorce deal | publisher = [[wikipedia:cbc news|CBC News]] | date=2011-07-14 |url=http://www.cbc.ca/news/canada/story/2011/07/14/supreme-court-divorce-decision.html}}</ref>
-==See also==
-* [[Child support]]
-* [[wikipedia:coverture|Coverture]]
-* [[wikipedia:divorce|Divorce]]
-* [[wikipedia:Sharia#Divorce|Divorce under Sharia Law]]
-* [[Men's rights]]
-* [[wikipedia:palimony|Palimony]] - term from litigation involving [[wikipedia:lee marvin|Lee Marvin]]
-* [[wikipedia:prenuptial agreement|Prenuptial agreement]]
-* [[wikipedia:shah bano case|Shah Bano case]] (divorce case in India, concerning Muslim wife and alimony)
-* [[wikipedia:suffrage|Suffrage]]
-* [[wikipedia:women's rights|Women's rights]]
-==References==
-{{Reflist|3}}

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