Also known as: spousal maintenances · alimony · spousal support
Written by attorneys — see sources 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.
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.
On February 26, 1974, a final decree of divorce was entered dissolving the marriage of William Orr and Lillian Orr. The decree directed Mr. Orr to pay Mrs. Orr $1,240 per month in alimony pursuant to a settlement agreement that the parties had entered and that the Lee County Circuit Court incorporated into the decree. On July 28, 1976, Mrs. Orr initiated a contempt proceeding in the Circuit Court of Lee County, Alabama, alleging that Mr. Orr was in arrears on his alimony payments. At the August 19, 1976 hearing on the petition, Mr. Orr submitted a motion requesting that the Alabama alimony statutes be declared unconstitutional because they authorize courts to place an obligation of alimony upon husbands but never upon wives. The Circuit Court denied Mr. Orr's motion and entered judgment against him for $5,524 covering back alimony and attorney fees. Mr. Orr appealed the judgment to the Alabama Court of Civil Appeals, which affirmed the constitutionality of the statutes. The Alabama Supreme Court granted Mr. Orr's petition for a writ of certiorari but on November 10, 1977, without opinion, quashed the writ as improvidently granted. Mr. Orr then appealed to the United States Supreme Court. Neither Mrs. Orr nor the Alabama courts objected to the timeliness of the constitutional claim. The lower courts reached and decided the federal question on the merits.
View caseSterling 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.
The parties were married in 1937 and lived together in New York until 1942 when the husband left the wife. There was no issue of the marriage. In 1943 she brought an action against him for a separation. He entered a general appearance. The court, finding that he had abandoned her, granted her a decree of separation and awarded her $180 per month as permanent alimony. In January 1944 he went to Nevada where in 1945 he instituted an action for divorce. She was notified of the action by constructive service but entered no appearance in it. In May, 1945, the Nevada court, finding that petitioner had been a bona fide resident of Nevada since January 30, 1944, granted him an absolute divorce on the ground of three years continual separation, without cohabitation. The Nevada decree made no provision for alimony, though the Nevada court had been advised of the New York decree. Prior to that time petitioner had made payments of alimony under the New York decree. After entry of the Nevada decree he ceased paying. Thereupon respondent sued in New York for a supplementary judgment for the amount of the arrears. Petitioner appeared in the action and moved to eliminate the alimony provisions of the separation decree by reason of the Nevada decree. The Supreme Court denied the motion and granted respondent judgment for the arrears. The judgment was affirmed by the Appellate Division and then by the Court of Appeals. This case is here on certiorari to the Court of Appeals of New York.
View caseA 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…