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Alimony (also called
aliment Aliment, in Scots law and in other civil systems, is the sum of money paid, or allowance given in respect of the reciprocal Obligation (law), obligation of parents and children, husband and wife, grandparents and grandchildren, to contribute to e ...

aliment
(Scotland), maintenance (England, Ireland, Northern Ireland, Wales, Canada, New Zealand), spousal support (U.S., Canada) and spouse maintenance (Australia)) is a
legal obligation The law of obligations is one branch of private law under the civil law (legal system), civil law legal system and so-called "mixed" legal systems. It is the body of rules that organizes and regulates the rights and duties arising between individual ...
on a person to provide financial support to their
spouse A religious marriage. A spouse is a significant other Significant other (SO) is colloquially used as a term for a person's partner in an intimate relationship An intimate relationship is an interpersonal relationship The concept of ...
before or after
marital separation in Stockholm Marriage, also called matrimony or wedlock, is a culturally recognised union between people, called spouses, that establishes rights and obligations between them, as well as between them and their children, and between them ...
or
divorce Divorce (also known as dissolution of marriage) is the optional process of terminating a marriage in Stockholm Marriage, also called matrimony or wedlock is a culturally and often legally recognized union between people calle ...

divorce
. The obligation arises from the
divorce lawThis article is a general overview of divorce Divorce also known as dissolution of marriage, is the process of terminating a marriage in Stockholm Marriage, also called matrimony or wedlock, is a culturally recognised union betwe ...
or
family law Family law (also called matrimonial law or the ''law of domestic relations'') is an area of the law Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to for ...
of each country.


Etymology

The term alimony comes from the Latin word ''
alimōnia
alimōnia
'' ("nourishment, sustenance", from '' alere,'' "to nourish"), from which the terms alimentary (of, or relating to food, nutrition, or digestion), and
aliment Aliment, in Scots law and in other civil systems, is the sum of money paid, or allowance given in respect of the reciprocal Obligation (law), obligation of parents and children, husband and wife, grandparents and grandchildren, to contribute to e ...

aliment
(a
Scots Law Scots law () is the legal system The contemporary national legal systems are generally based on one of four basic systems A system is a group of interacting or interrelated elements that act according to a set of rules to form a unified ...
rule regarding sustenance to assure the wife's lodging, food, clothing, and other necessities after divorce) are also derived.


History

The
Code of Hammurabi The Code of Hammurabi is a Babylonian legal text composed 1755–1750 BC. It is the longest, best-organised, and best-preserved legal text from the ancient Near East. It is written in the Old Babylonian dialect of Akkadian, purportedly by Ham ...

Code of Hammurabi
(1754 BC) declares that a man must provide sustenance to a woman who has borne him children, so that she can raise them: : 137. If a man wish to separate from a woman who has borne him children, or from his wife who has borne him children: then he shall give that wife her dowry, and a part of the usufruct of field, garden, and property, so that she can rear her children. When she has brought up her children, a portion of all that is given to the children, equal as that of one son, shall be given to her. She may then marry the man of her heart. Alimony is also discussed in the
Code of Justinian The Code of Justinian ( la, Codex Justinianus, or ) is one part of the ''Corpus Juris Civilis The ''Corpus Juris'' (or ''Iuris'') ''Civilis'' ("Body of Civil Law") is the modern name for a collection of fundamental works in jurisprudence, i ...
. The modern concept of alimony is derived from English
ecclesiastical courts An ecclesiastical court, also called court Christian or court spiritual, is any of certain courts having jurisdiction mainly in spiritual or religious matters. In the Middle Ages these courts had much wider powers in many areas of Europe than befor ...
that awarded alimony in cases of separation and divorce. ''Alimony pendente lite'' was given until the divorce decree, based on the husband's duty to support the wife during a marriage that still continued. ''Post-divorce'' or ''permanent alimony'' was also based on the notion that the marriage continued, as ecclesiastical courts could only award a ''divorce a mensa et thoro'', similar to a legal separation today. As divorce did not end the marriage, the husband's duty to support his wife remained intact. Liberalization of divorce laws occurred in the 19th century, but divorce was only possible in cases of marital misconduct. As a result, the requirement to pay alimony became linked to the concept of fault in the divorce. Alimony to wives was paid because it was assumed that the marriage, and the wife's right to support, would have continued but for the misbehavior of the husband. Ending alimony on divorce would have permitted a guilty husband to profit from his own misconduct. In contrast, if the wife committed the misconduct, she was considered to have forfeited any claim to ongoing support. However, during the period, parties could rarely afford alimony, and so it was rarely awarded by courts. As husbands' incomes increased, and with it the possibility of paying alimony, the awarding of alimony increased, generally because a wife could show a need for ongoing financial support, and the husband had the ability to pay.Pdf.
/ref> No-fault divorce led to changes in alimony. Whereas spousal support was considered a right under the fault-based system, it became conditional under the no-fault approach. According to the
American Bar Association The American Bar Association (ABA), founded August 21, 1878, is a voluntary Voluntary may refer to: * Voluntary (music)In music a voluntary is a piece of music, usually for an organ, that is played as part of a church service. In English-speak ...

American Bar Association
, marital fault is a "factor" in awarding alimony in 25 states and the District of Columbia. Permanent alimony began to fall out of favor, as it prevented former spouses from beginning new lives, though in some states (e.g., Massachusetts, Mississippi, and Tennessee), permanent alimony awards continued, but with some limitations. at 8, 9 Alimony moved beyond support to permitting the more dependent spouse to become financially independent or to have the same standard of living as during the marriage or common law marriage, though this was not possible in most cases.Pdf.
/ref> In the 1970s, the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the Federal judiciary of the United States, federal judiciary of the United States of America. It has ultimate and largely Procedures of the Supreme Court of the United ...

United States Supreme Court
ruled against gender bias in alimony awards and, according to the U.S. Census Bureau, the percentage of alimony recipients who are male rose from 2.4% in 2001 to 3.6% in 2006. In states like Massachusetts and Louisiana, the salaries of new spouses may be used in determining the alimony paid to the previous partners. Most recently, in several high-profile divorces, women such as
Britney Spears Britney Jean Spears (born December 2, 1981) is an American singer, songwriter, dancer, and actress. She is credited with influencing the revival of teen pop Teen pop is a subgenre of pop music Pop is a genre of popular music that origina ...

Britney Spears
,
Victoria Principal Vicki Ree Principal (born January 3, 1950),
, and
Jessica Simpson Jessica Ann Johnson (née Simpson; born July 10, 1980) is an American singer, actress, fashion designer, and author. After performing in church choirs as a child, Simpson signed with Columbia Records in 1997, at age 17. Her debut studio album, ...

Jessica Simpson
have paid multimillion-dollar settlements in lieu of alimony to ex-husbands. According to divorce lawyers, aggressive pursuit of spousal support by men is becoming more common, as the stigma associated with asking for alimony fades.


Reckoning

Once
dissolution Dissolution may refer to: Arts and entertainment Books * Dissolution (Forgotten Realms novel), ''Dissolution'' (''Forgotten Realms'' novel), a 2002 fantasy novel by Richard Lee Byers * Dissolution (Sansom novel), ''Dissolution'' (Sansom novel), a 2 ...
proceedings commence, either party may seek interim or
pendente lite ''Pendente lite'' is a Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken in the area around Rome, known as Latium. Through the power of the ...
support during the course of the
litigation A lawsuit is a proceeding by a party or parties against another in the civil Civil may refer to: *Civic virtue, or civility *Civil action, or lawsuit *Civil affairs *Civil and political rights *Civil disobedience *Civil engineering *Civil ...
. Where a
divorce Divorce (also known as dissolution of marriage) is the optional process of terminating a marriage in Stockholm Marriage, also called matrimony or wedlock is a culturally and often legally recognized union between people calle ...

divorce
or dissolution of marriage (
civil union A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage Marriage, also called matrimony or wedlock is a culturally and often legally recognized union between people called spouse A ...
) is granted, either party may ask for post-marital alimony. It is not an absolute right, but may be granted, the amount and terms varying with the circumstances. If one party is already receiving support at the time of the divorce, the previous order is not automatically continued (although this can be requested), as the arguments for support during and after the marriage can be different. Unless the parties agree on the terms of their divorce in a binding written
instrument Instrument may refer to: Science and technology * Flight instruments two-seat light airplane. The flight instruments are visible on the left of the instrument panel Flight instruments are the instruments in the cockpit of an aircraft that pro ...
, the court will make a determination based on the legal argument and the
testimony In law and in religion, testimony is a solemn attestation as to the truth of a matter. Etymology The words "testimony" and "testify" both derive from the Latin word ''testis'', referring to the notion of a disinterested Third-party source, thir ...
submitted by both parties. This can be modified at any future date based on a change of circumstances by either party on proper notice to the other party and application to the court. The courts are generally reluctant to modify an existing agreement unless the reasons are compelling. In some jurisdictions the court always has jurisdiction to grant maintenance should one of the former spouses become a public charge.


Child support

Alimony is not
child support Child support (or child maintenance) is an ongoing, periodic payment made by a parent for the financial benefit of a child (or parent, caregiver, guardian, or state) following the end of a marriage or other similar relationship. Child maintenance ...
, where, after divorce, one parent is required to contribute to the support of their children by paying money to the child's other parent or guardian.


United States

Child support is considered a payment that a parent is making for the support of their offspring, and the parent who pays it pays the taxes. However, alimony is treated as taxable
income In microeconomics Microeconomics is a branch of mainstream economics Mainstream economics is the body of knowledge, theories, and models of economics, as taught by universities worldwide, that are generally accepted by economists as a bas ...
, in most countries, to the receiving spouse, and, in most cases, deducted from the gross income of the paying spouse (the United States
IRS The Internal Revenue Service (IRS) is the revenue service A revenue service, revenue agency or taxation authority is a government agency responsible for the intake of government revenue, including taxes and sometimes non-tax revenue. ...

IRS
does not allow for child support to be deducted ''from''
adjusted gross income In the United States income tax system, adjusted gross income (AGI) is an individual's total gross income For households and individuals, gross income is the sum of all wages A wage is the distribution from an employer Employment is th ...
). The
Tax Cuts and Jobs Act of 2017 The Tax Cut and Jobs Act of 2017 (TCJA) is a congressional revenue act of the United States signed into law by President Donald Trump which amended the Internal Revenue Code of 1986. Major elements of the changes include reducing tax rates for busi ...
has changed the federal tax treatment of alimony for divorces and separation agreements signed on or after January 1, 2019, making it identical to that for child support—non-deductible for the payer, and non-taxable for the recipient.


United States

In the U.S. state law establishes requirements regarding alimony (and child support) payments, recovery and penalties. A spouse trying to recover back alimony sometimes may use only the collection procedures that are available to all other creditors, such as reporting the amount due to a
collection agency Debt collection is the process of pursuing payments of debts owed by individuals or businesses. An organization that specializes in debt collection is known as a collection agency or debt collector. Most collection agencies operate as agents of c ...
. One who allows his or her alimony obligations to go into arrears, where there is an ability to pay, may be found in
contempt of court Contempt of court, often referred to simply as "contempt", is the offense of being disobedient to or disrespectful toward a court A court is any person or institution, often as a government A government is the system or group o ...
and be sent to jail. Alimony obligations are not discharged as a result of the obligee's filing
bankruptcy Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditor A creditor or lender is a party 300px, '' Hip, Hip, Hurrah!'' (1888) by Peder Severin Krøyer, a painting portraying an artists' par ...

bankruptcy
. Ex-spouses who allow child-support obligations to go into arrears may have certain licenses seized, be found in
contempt of court Contempt of court, often referred to simply as "contempt", is the offense of being disobedient to or disrespectful toward a court A court is any person or institution, often as a government A government is the system or group o ...
, and/or be sent to jail. Like alimony, child-support obligations are not discharged as a result of the obligee's filing
bankruptcy Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditor A creditor or lender is a party 300px, '' Hip, Hip, Hurrah!'' (1888) by Peder Severin Krøyer, a painting portraying an artists' par ...

bankruptcy
.


Factors affecting alimony

The determination of alimony varies greatly from state to state within the U.S. Some state statutes, including those of Texas, Montana, Kansas, Utah, Kentucky and Maine, give explicit guidelines to judges on the amount and/or duration of alimony. In Texas, Mississippi and Tennessee, for example, alimony is awarded only in cases of marriage or civil union of ten years or longer and the payments are limited to three years unless there are special, extenuating circumstances. Furthermore, the amount of spousal support is limited to the lesser of $2,500 per month or 40% of the payee's gross income. In Delaware, spousal support is usually not awarded in marriages of less than 10 years. In Kansas, alimony awards cannot exceed 121 months. In Utah, the duration of alimony cannot exceed the length of the marriage. In Maine, Mississippi, and Tennessee alimony is awarded in marriages or civil union of 10 to 20 years and the duration is half the length of the marriage barring extenuating circumstances. Other states, including California, Nevada and New York, have relatively vague statutes which simply list the "factors" a judge should consider when determining alimony (see list of factors below). In these states, the determination of duration and amount of alimony is left to the discretion of the family court judges who must consider case law in each state. In Mississippi, Texas and Tennessee, for example, there are 135 Appellate Cases in addition to 47 sections of State Statute that shape divorce law. As a result of these Appellate Cases, for example, Mississippi judges cannot order an end date to any alimony award. In 2012,
Massachusetts Massachusetts (, ), officially the Commonwealth of Massachusetts, is the most populous state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ...

Massachusetts
signed into law comprehensive alimony reform. This law sets limits on alimony and eliminates lifetime alimony. Similarly, in 2013,
Colorado Colorado (, other variants) is a state in the Mountain West The Mountain West Conference (MW) is one of the collegiate athletic conferences affiliated with the National Collegiate Athletic Association The National Collegiate Athletic ...

Colorado
signed into law alimony (Spousal Maintenance) reform, creating a standardized non-presumptive guideline upon which courts can rely. In general, there are four types of alimony: # Temporary alimony: Support ordered when the parties are separated prior to divorce. Also called ''alimony pendente lite'', which is Latin, meaning, "pending the suit". # Rehabilitative alimony: Support given to a lesser-earning spouse for a period of time necessary to acquire work outside the home and become self-sufficient. # Permanent alimony: Support paid to the lesser-earning spouse until the death of the payor, the death of the recipient, or the remarriage of the recipient. # Reimbursement alimony: Support given as a reimbursement for expenses incurred by a spouse during the marriage (such as educational expenses). Some of the possible factors that bear on the amount and duration of the support are:


Prenuptial agreements

Prenuptial agreements are recognized in all fifty states and the District of Columbia, and every jurisdiction allows parties to agree to spousal support and alimony terms in a premarital or postnuptial agreement, if their marital agreement is prepared in accordance with state and federal law requirements.  Divorce courts retain the discretion to refuse to enforce prenuptial agreement terms restricting a party’s right to seek alimony if that party would have to seek public assistance as a result of the alimony waiver, or if the restriction on the right to seek alimony is unconscionable or unfair when the divorce occurs. Lack of financial disclosure prior to signing a prenuptial agreement or a post-nuptial agreement by the party against whom alimony is sought may also cause a court to invalidate a waiver of alimony provision.  Prenuptial Agreements with valid alimony waivers or restrictions entered into in one state should be fully enforceable by the courts of another state in the event of a divorce, unless the terms of the prenuptial agreement are in material violation of the foreign jurisdiction's laws. California is the only state with a law that requires that the parties be represented by counsel if spousal support (alimony) is limited by the agreement. Instead of a complete waiver of the right to seek alimony, prenuptial agreements and post-nuptial agreements can also contain terms where the parties agree to a set amount of guaranteed alimony for the lower wage earner at the time of divorce, or a cap/limit on the amount of alimony either party can seek in the event of a divorce.


Reform

In the United States, family laws and precedents as they relate to divorce, community property and alimony vary based on state law. Also, with new family models, "working couples", "working wives", "
stay-at-home dad A stay-at-home dad (alternatively, full-time father, stay-at-home father, house dad, househusband, or house-spouse) is a father A father is the male Male (♂) is the sex of an organism that produces the gamete known as sperm. A male gamet ...
s", etc., there are situations where some parties to a divorce question whether traditional economic allocations made in a divorce are fair and equitable to the facts of their individual case. Some groups have proposed various forms of legislation to reform alimony parameters (i.e. amounts and term). Alimony terms are among the most frequent issues causing litigation in
family law Family law (also called matrimonial law or the ''law of domestic relations'') is an area of the law Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to for ...
cases. Eighty percent of divorce cases involve a request for modification of alimony.


English Common Law

Divorce law in the U.S. was based on
English Common Law English law is the common law In law, common law (also known as judicial precedent or judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions. ''Black' ...
, which developed at a time when a female gave up her personal property rights on marriage (see
Coverture Coverture (sometimes spelled couverture) was a legal doctrine in common law In law, common law (also known as judicial precedent or judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtu ...
). Upon separation from marriage, the husband retained the right to the wife's property, but, in exchange, had an ongoing responsibility to support the wife after dissolution of the marriage. British law was amended by legislation including
Married Women's Property Act 1870 The Married Women's Property Act 1870 (33 & 34 Vict c 93) was an Act of Parliament of the United Kingdom that allowed married women to be the legal owners of the money they earned and to inherit property. Background Before 1870, any money made by ...
and
Married Women's Property Act 1882 The Married Women's Property Act 1882 (45 & 46 Vict. c.75) was an Act of the Parliament of the United Kingdom The Parliament of the United Kingdom is the Parliamentary sovereignty in the United Kingdom, supreme Legislature, legislative body o ...
which reformed females' property rights relating to marriage, by, for example, permitting divorced females to regain the property they owned before marriage.


State reform

Some states (e.g. Florida, Texas, Maine) are moving away from permanent alimony awards that are intended to maintain a spouse's standard of living enjoyed during the marriage and are moving towards durational or rehabilitative alimony. In other states, like Mississippi and Tennessee, alimony is usually awarded for life. Some of the critical issues that proponents and opponents of alimony reform disagree upon are: * Whether alimony should be temporary or permanent * Regardless of duration, should alimony payers have the unquestionable right to retire? * Does the lesser earning spouse deserve alimony to meet his or her basic needs ( sustenance) or enough to sustain "the lifestyle accustomed to during the civil union or marriage"? * Should the income and assets of a new spouse be used in determining how much alimony gets paid? * How clear and prescriptive should state statutes be versus allowing a larger degree of Judicial Discretion? In several US states, including Pennsylvania, Oklahoma and New Jersey, some lawmakers are attempting change of divorce laws as they pertain to alimony. Massachusetts law provided for lifetime alimony, but in early 2009 a reform bill (HB 1785) backed by a group called "Mass Alimony Reform" gained 72 state representatives as co-sponsors (of a total of 200 Representatives and Senators). HB 1785 would have required a spouse receiving alimony to become self-sufficient after a reasonable time. It would have established alimony as a temporary payment instead of a permanent entitlement. This law would also have addressed the issue of
cohabitation Cohabitation is an arrangement where two people are not married but live together. They are often involved in a romantic Romantic may refer to: Genres and eras * The Romantic era, an artistic, literary, musical and intellectual movement of t ...
where the alimony recipient is living with, but not married to a new significant other. In January 2011, the bill was filed with the Massachusetts legislature and was passed unanimously by the legislature and signed into law on September 26, 2011. The law, which took effect on March 1, 2012, provides for different categories of alimony, and limits the duration of alimony. In New Jersey, a group called New Jersey Alimony Reform was established in 2011 to encourage and promote similar reforms to alimony reforms within the state. In 2012, a group called New Jersey Women For Alimony Reform was established to promote Alimony Reform in New Jersey. In 2012, bills were introduced in the NJ Assembly and Senate. The Assembly passed a bill calling for a Blue Ribbon Commission to address Alimony Reform. The Senate has a similar bill pending that has not yet been posted in the Judiciary Committee. The NJ Matrimonial Bar Association has been vehemently fighting against Alimony Reform, led by Patrick Judge Jr. chairman of the Family Law section of the New Jersey State Bar Association. Attorney Judge stated that the New Jersey State Bar Association ("NJSBA") objected to the inclusion of individuals with a vested interest in reforming alimony on the Blue Ribbon Commission and that the NJSBA supported the "establishment of a commission o study alimony reformbut only as long as the commission is constituted so that a fair and unbiased review of the current alimony laws takes place…should not be predisposed to an outcome…." In Florida, a group called Florida Alimony Reform was also established in 2011 to encourage and promote similar reforms to alimony reforms within the state of Florida. A comprehensive Alimony Reform bill passed the Florida House in 2012 but died in the Senate. In 2013, both the Florida House and Senate passed a comprehensive alimony bill sponsored by Sen. Kelli Stargel, which was vetoed by Governor Scott at the end of the legislative session. As in New Jersey, the Florida Matrimonial Bar, led by Carin Porras, Chair, Family Law Section of The Florida Bar strongly opposes reform. In California, a non-profit organization called CalAlimonyReform.org was established by Steve Clark in 2015 to develop and advocate legislation, regulations and government programs to provide equality in all aspects of marital settlements relating to the dissolution or nullity of marriage within the state of California. In Minnesota, a group called Minnesota Alimony Reform was formed in early 2016 by Dr. Michael Thomas. The organization is closely modeled after Mass Alimony Reform and has consulted with its founder Stephen Hitner. Minnesota Alimony Reform successfully worked with legislators in the House and Senate to change alimony law in the state (MN Statut
518.552
to allow for modification upon the cohabitation of the recipient. California, Connecticut, Georgia, Illinois, Oklahoma, New York, South Carolina, Tennessee, Utah, and West Virginia have all passed laws that allow for the modification or termination of alimony upon demonstration that the recipient is cohabitating with another person. In April 2009, the Governor of New Jersey, Jon Corzine, signed into law changes in the alimony statutes for his state which would bar alimony payments to parents who kill, abuse, or abandon their children.


Canada

Types of spousal support In Canada, spousal support may be awarded upon divorce, under the federal ''Divorce Act'', or upon separation without divorce under provincial statutes. There are generally three different forms of spousal support awarded: # Compensatory support – This form of support compensates an individual for her or his contributions to the relationship as well as for any losses that individual has suffered; # Non-compensatory support – In some cases support may be awarded on a needs basis. This form of support may be awarded by a Court where an individual is sick or disabled; and # Contractual support ( divorce agreement) – This form of support upholds a contract between the parties which governs support payments. Married spouses and common-law spouses Both married spouses and common-law spouses may be entitled to spousal support. An important distinction between the two is that common-law spouses must start an action claiming spousal support within one year of the breakdown of the relationship. A second important distinction is that only married couples may divorce under the federal ''Divorce Act'', common-law spouses may only separate under provincial legislation, such as Ontario's ''Family Law Act'' or British Columbia's ''Family Relation's Act''. No such limitation arises for married individuals. In addition to being in a marriage or common-law relationship, courts will look at the conditions, means, needs and other circumstances of each spouse. This includes: # The length of time the spouses cohabited; # The functions performed by each spouse during the relationship; and # Any existing orders or agreements. This is by no means an exhaustive list of factors which the court will consider when determining entitlement. Each case is determined on its own unique set of circumstances. Factors for awarding spousal support The federal ''Divorce Act'' at s.15.2 (6) states that there are four objectives of spousal support orders: # Recognize any economic advantages or disadvantages to the spouses arising from the marriage or its breakdown; # Apportion between the spouses any financial consequences arising from the care of any child of the marriage over and above any obligation for the support of any child of the marriage; # Relieve any economic hardship of the spouses arising from the breakdown of the marriage; and # In so far as practicable, promote the economic self-sufficiency of each spouse within a reasonable period of time. Amount and duration The longer the length of cohabitation and the greater the disparity between each party’s incomes, the larger an award of spousal support will be and the longer the duration will be. As stated above, spousal support calculations are complex. There are no tables to use as in child support calculations. Lawyers use special software designed specifically to calculate the entitlement, amount, and duration of support. After information is input into a computer, the software will provide a range for the spousal support amount and duration. Although there is no set formula to determine the exact amount and duration of spousal support, there are guidelines, referred to as the ''Spousal Support Advisory Guidelines'', which provides ranges for both. ''The Spousal Support Advisory Guidelines'' calculates the ranges taking into account the factors set out above. Although the courts are not required to abide by the ''Spousal Support Advisory Guidelines'', they are required to take them into account when deciding on the issue of spousal support. Depending on the means and needs of the individual receiving support, the court will generally award an amount of spousal support somewhere within the range provided by the software. The longer the relationship, the greater the presumption that the parties should have an equal standard of living. Similarly, the length of the relationship will be taken into account when determining how long spousal support should be paid for. Awards for spousal support can be for a limited term or indefinite. While declaring bankruptcy does not absolve Canadians of obligations to pay alimony or child support, a 2011 ruling by the Supreme Court of Canada established that under current laws "equalization payments agreed to as part of a divorce are considered debts, and are wiped off a person's balance sheet when they declare bankruptcy."


Czech Republic

Laws of the Czech Republic provide for spousal maintanance both during marriage and after divorce. As main principle, both spouses have the right for generally equal standard of living during the marriage. The same "generally equal standard of living" applies also to post-divorce period in special cases, when the payee wasn't mostly responsible for the failure of marriage or did not agree with the divorce and the payee suffered serious harm due to the divorce and hadn't committed an act of domestic violence against the payer. In such case the payee may request alimony in amount providing "generally equal standard of living" for a period adequate to circumstances, but no longer than three years. If those special conditions are not met, both of the divorced have mutual spousal maintanance obligation in case that one of them is not able to provide for themselves due to circumstances originating in marriage, if payment of alimony is reasonable under general circumstances that each of the divorced found themselves in.


See also

*
Child support Child support (or child maintenance) is an ongoing, periodic payment made by a parent for the financial benefit of a child (or parent, caregiver, guardian, or state) following the end of a marriage or other similar relationship. Child maintenance ...
*
Coverture Coverture (sometimes spelled couverture) was a legal doctrine in common law In law, common law (also known as judicial precedent or judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtu ...
*
Divorce Divorce (also known as dissolution of marriage) is the optional process of terminating a marriage in Stockholm Marriage, also called matrimony or wedlock is a culturally and often legally recognized union between people calle ...

Divorce
*
Filial responsibility laws Filial responsibility laws (filial support laws, filial piety laws) are laws in the United States that impose a duty, usually upon adult children, for the support of their impoverished parents or other relatives. In some cases the duty is extended ...
, similar to alimony but the money is paid by children to impoverished parents * Men's rights *
Palimony Palimony is the division of financial assets and real property on the termination of a personal live-in relationship wherein the parties are not legally married. The term ''palimony'' is currently not codified as a legal term, but rather it remains ...
– term from litigation involving
Lee Marvin Lee Marvin (February 19, 1924 – August 29, 1987) was an American film and television actor. Known for his distinctive voice and premature white hair, Marvin initially appeared in supporting roles, mostly villains, soldiers, and other hardboil ...
*
Prenuptial agreement A prenuptial agreement, antenuptial agreement, or premarital agreement (commonly referred to as a prenup), is a written contract A contract is a legally binding document between at least two parties that defines and governs the rights and duti ...
*
Women's rights Women's rights are the and s claimed for and s worldwide. They formed the basis for the women's rights movement in the 19th century and the s during the 20th and 21st centuries. In some countries, these rights are institutionalized or supp ...


References


External links

{{Authority control Divorce Family law Law of obligations Child support Resource extraction