Also known as: spousal maintenances · alimony · spousal support
Written by attorneys · grounded in primary & secondary sources — see below
A periodic payment obligation imposed on one spouse to support the other after separation or divorce. The obligation arises from the mutual duty of spousal support and is measured by the recipient's demonstrated need and the payer's ability to pay. Courts may award, modify, or terminate the payments based on statutory factors including the duration of the marriage, the standard of living during the marriage, and the parties' financial resources.
Skylar Sullivan retained counsel to pursue a maintenance award from her estranged husband after filing for divorce. The lawyer proposed a fee equal to twenty percent of any maintenance payments received over the next ten years. The arrangement is prohibited because the fee is contingent on the amount of spousal maintenance recovered in a domestic relations matter.
Sofia Stern and her husband executed a marital agreement that eliminated any future spousal maintenance obligation. After separation the agreement remains enforceable as to the elimination of support.
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Scott Summers signed a premarital agreement waiving all spousal maintenance. Upon divorce the waiver left him eligible for public assistance because he had no income or assets. The court ordered his former spouse to pay support sufficient to keep him off public assistance.
Samuel Soto left the marital home and stopped providing funds for household expenses. Stella Shapiro petitioned the court for spousal maintenance, showing she had no income and could not meet basic needs. The court awarded payments based on her need and his ability to pay.
Simone Sanders sought maintenance from her higher-earning husband after a long marriage. The statute permitted either spouse to receive support when need and ability were shown. The court granted the award without regard to gender because the statute used neutral criteria.
Sterling Dynamics' founder obtained a Nevada divorce that terminated his New York maintenance obligation. His former wife sued in New York to enforce the original separation decree awarding her monthly support. The New York court recognized the Nevada divorce but preserved her right to collect the accrued maintenance payments.
A court may award maintenance when the requesting spouse lacks sufficient property to meet reasonable needs and cannot support herself through appropriate employment or must remain home to care for a child whose condition prevents outside work. The amount and duration are determined by statutory factors including the marital standard of living, duration of the marriage, and each party's financial resources.
No. When elimination of support causes eligibility for public assistance at separation or dissolution, the court may require the other party to provide support to the extent necessary to avoid that eligibility.
No. Model Rule 1.5(d)(1) prohibits any fee in a domestic relations matter that is contingent on the securing of a divorce or on the amount of alimony, support, or property settlement.
…"to confer on the courts of the United States jurisdiction over any State law claim seeking the establishment of a divorce, alimony, equitable distribution of marital property, or child custody decree." Every law enacted by Congress must be based on one or more of its powers enumerated in the Constitution. "The powers…