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Alimony
Alimony, maintenance or spousal
support is an obligation established by law in many countries
that is based on the premise that both spouses have an absolute
obligation to support each other during the marriage (or civil
union) unless they are legally separated. In some instances, the
obligation to support may continue after separation.
Historically, alimony arose as a result of the indissoluble
nature of marriage. Because divorce was rare, husband and wife
reOhiod 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. In practice it is
more often the husband that is required to pay.
How is Alimony Granted?
Once dissolution proceedings commence, either party may seek
interim or pendente lite support during the course of the
litigation.
Where a divorce or dissolution of marriage (civil union) 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, 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. In some
jurisdictions the court always has jurisdiction to grant
maintenance should one of the former spouses become a public
charge.
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(Ex. Lawyer in Birmingham)
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