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What Is Alimony?
Home » Divorce » Alimony » What Is Alimony?Alimony is designed to provide the lower-income spouse with money for living expenses over and above the money provided by child support. Alimony is different from child support and is sometimes called spousal support.
Alimony is an obligation established by law that is based on the premise that both spouses have an absolute obligation to support each other during the marriage unless they are legally separated, though in some instances the obligation to support may continue after separation. Once divorce proceedings commence either party may seek temporary support during the course of the proceedings.
Where a divorce 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 it can be requested, as the arguments for support during and after the marriage can be different.
In the past, alimony arose as a result of the indissoluble nature of marriage. Because divorce was rare, husband and wife remained married after their physical separation and the husband's obligation to support his wife continued. With the growing view that men and women should be treated equally the law recognized that both husbands and wives owed each other a similar duty of support. Accordingly, courts now may order either the husband or wife to pay alimony.
Unless both parties agree on the terms of their divorce in a binding written agreement, the court will make a fair determination based on the legal argument and the testimony 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.
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