Also known as: alimonies · spousal support · maintenance
Written by attorneys · grounded in primary & secondary sources — see below
A court-ordered allowance paid by one spouse to the other for maintenance and support during separation or after divorce. The award is determined by considering the need of one spouse and the ability of the other to pay, without regard to marital misconduct in many jurisdictions.
Adam Anderson, a shareholder in a closely held corporation, brought a derivative action challenging corporate payments that funded alimony obligations of the controlling shareholder. The board appointed qualified directors who conducted an inquiry and concluded that continuing the suit was not in the corporation's best interests. The court dismissed the proceeding on the corporation's motion.
Audrey Ashton sought representation in her divorce and offered her lawyer a fee equal to twenty percent of any alimony award obtained. The lawyer declined the arrangement because the fee would be contingent on the amount of alimony secured. Audrey instead paid a fixed hourly rate for the representation.
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Amelia Amari received monthly alimony after her divorce and lived in a building owned by her former spouse. The former spouse hired an independent contractor to repair a railing but failed to inspect the work afterward. When the railing collapsed and injured Amelia, she recovered damages from the former spouse for the failure to verify the premises were safe.
Adrian Aguilar held a senior mortgage on property owned by his former spouse who owed substantial alimony arrears. When a junior mortgagee sought a receiver, the senior mortgagee's request took priority because the senior mortgage contained both a rents clause and a receivership authorization. The court appointed the senior mortgagee's receiver first.
Albert Allen moved to a new state after a divorce decree ordered him to pay alimony to Anita Ali. Anita sued in the new state to enforce the decree. The court exercised specific jurisdiction because Albert had deliberately maintained contacts with the forum that gave rise to the original obligation and the forum had a strong interest in protecting its resident.
Atlas Ventures' founder and his spouse signed a marital agreement that eliminated spousal support upon divorce. After separation the spouse became eligible for public assistance. The court ordered the founder to provide support sufficient to avoid that eligibility despite the agreement's elimination clause.
Courts consider the need of one spouse for support and the ability of the other spouse to pay. Additional factors include the duration of the marriage, the age and health of the parties, and the standard of living during the marriage. Awards are made without regard to marital misconduct in many jurisdictions.
A premarital or marital agreement may modify or eliminate spousal support. If the elimination causes one party to become eligible for public assistance, a court may require the other party to provide support to the extent necessary to avoid that eligibility.
Provisions respecting maintenance may be modified only as to installments accruing after the motion for modification and only upon a showing of changed circumstances so substantial and continuing as to make the terms unconscionable. Property dispositions are generally not modifiable.
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