Understanding Alimony and Maintenance

By | March 27, 2008

Prior to the recent changes in the law, many wives were considered to be eligible for and even entitled to continued support by their ex-husbands after the marriage, often for the rest of their lives or until their subsequent remarriage. This support was provided to the wives by alimony payments.

This portion of the divorce laws has also been the subject of dramatic change. Ali­mony is no longer the province of the wife alone. It is now available to either spouse. A well-off wife may now be required to provide support for an indigent ex-husband. Alimony is no longer even called alimony in many jurisdictions; it is now referred to as “maintenance” or “spousal support.” No longer is alimony regarded as an absolute right; no longer is alimony generally awarded on a permanent basis.

 

Awards of maintenance are now generally viewed as temporary in nature, designed to allow the ex-spouse adequate time to become self-sufficient; either through education, career training, or work. Awards of maintenance are now primarily based on the needs of the spouse and are not awarded for “innocence” from misconduct.

© Nova Publishing Company, 2005