Also known as: support & maintenance · spousal support · alimony
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An obligation imposed on spouses to provide for each other's financial needs. The extent of the obligation is measured by the supported spouse's need and the supporting spouse's ability to pay. A spouse may petition a court for alimony or maintenance when the obligation is not met.
An obligation imposed on spouses to provide for each other's financial needs. The extent of the obligation is measured by the supported spouse's need and the supporting spouse's ability to pay. A spouse may petition a court for alimony or maintenance when the obligation is not met.
Select any source to read its text and confirm it supports the definition.
An ascertainable standard authorizing a trustee to distribute trust assets sufficient to maintain a beneficiary at the standard of living the beneficiary enjoyed when the trust was created.
Select any source to read its text and confirm it supports the definition.
An ascertainable standard authorizing a trustee to distribute trust assets sufficient to maintain a beneficiary at the standard of living the beneficiary enjoyed when the trust was created.
Each sense below has its own examples, sources, and questions.
Stephen Shaw retained counsel to handle his divorce from Sabrina Shah. The lawyer proposed a fee equal to fifteen percent of any alimony awarded. The arrangement is prohibited because the fee is contingent on the amount of support recovered.
Sydney Santos and Sofia Stern executed a marital agreement that eliminated spousal support upon divorce. The provision is enforceable under the statute governing modification of spousal support terms.
Sean Steele and Selena Singh signed a premarital agreement eliminating spousal support. After separation Selena qualified for public assistance. The court ordered Sean to pay support sufficient to restore her eligibility for benefits.
After Stephen Shaw stopped providing funds, Sabrina Shah petitioned the court for maintenance. The court examined her need and his ability to pay and awarded alimony because the statutory thresholds were satisfied.
A state statute limited alimony to wives only. Sydney Santos challenged the law after her divorce. The court struck the statute because it discriminated on the basis of sex without an exceedingly persuasive justification.
No. The prohibition applies only to domestic-relations matters involving divorce, alimony, support, or property settlement. An employment-contract dispute seeking reinstatement does not fall within the rule even when the fee is tied to restored earnings.
A court may require the obligated party to provide support when the elimination of support would render the other party eligible for public assistance at separation or dissolution.
The court examines the supported spouse's need for funds and the supporting spouse's ability to pay, measured by the circumstances of the parties.
The statute created a gender classification that was not substantially related to an important governmental interest. Gender-neutral means must be used to address the economic needs of dependent spouses.
The trustee of a discretionary trust for Sofia Stern refused to invade principal for her medical expenses. The court held that the trustee must consider whether the distributions are needed to maintain her accustomed standard of living under the support and maintenance standard.
The trustee must make distributions sufficient to keep the beneficiary at the standard of living the beneficiary enjoyed when the trust was created.
Supporting sources
…the parties, and which was approved by the divorce court. The agreement requires the husband to pay $1,240 per month for the "support and maintenance, use and comfort" of the wife for her life or until she remarries. It also specifies that the terms and provisions of the agreement "shall inure to and be binding upon the parties hereto…