Also known as: alimony · separate maintenance payments · alimony payments · maintenance payments
Written by attorneys · grounded in primary & secondary sources — see below
Payments made by one spouse to the other to fulfill the mutual obligation of spousal support. The amount is determined by the need of the recipient spouse and the ability of the paying spouse to provide funds.
Lopez met with family-law attorney Ortiz after her spouse filed for divorce. Ortiz proposed taking the case for 40 percent of any lump-sum alimony or property settlement plus a percentage of future monthly support payments. The arrangement is improper because the fee is contingent on the amount of alimony and support in a domestic-relations matter.
After divorce Griffin received an older house needing major repairs and a share of joint credit-card debt while Saul kept the newer home and most assets. Griffin has no recent work history and must stay home to monitor their child's severe asthma. She petitions for maintenance because she lacks sufficient property for reasonable needs and cannot support herself through employment given the child's medical demands.
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A spouse who is not receiving support may petition the court for alimony pursuant to a legal separation or pending divorce action. In some states the petition may be filed at any time without seeking other relief. The extent of support depends on the recipient's need and the payer's ability to pay.
Supporting sources
A lawyer may not enter into a fee arrangement in a domestic-relations matter when payment or amount is contingent on securing a divorce or on the amount of alimony, support, or a property settlement in lieu thereof. The prohibition prevents the lawyer's financial interest from distorting advice about reconciliation, settlement, or ongoing family obligations.
Supporting sources
After finding that the spouse lacks sufficient property and cannot support herself through employment or because of a child's condition, the court considers the financial resources of each party, the time needed for education or training, the marital standard of living, the duration of the marriage, the age and health of the parties, and the payer's ability to meet his own needs while paying support.
Supporting sources