Editing Alimony (section)

=== United States ===
In the U.S., [[State law (United States)|state law]] establishes [[Divorce in the United States#Alimony|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]], or seek enforcement through [[contempt of court]] proceedings against an obligor who is able to pay but has failed to do so.<ref>{{cite journal |last1=Turner |first1=Court |title=Enforcement of Spousal Support Obligations in Marital Settlement Agreements |journal=Journal of Contemporary Legal Issues |date=2011 |volume=20 |page=319}}</ref> Alimony obligations are not dischargeable in [[bankruptcy]].<ref>{{cite journal |last1=Baumann |first1=Joshua |title=The Problem of Domestic Support Obligations for Debtors in Bankruptcy |journal=Ohio Law Review |date=2022 |volume=36 |page=12}}</ref>

The determination of alimony varies greatly from state to state within the U.S.<ref name="AAML" /> 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.

In Texas spousal maintenance litigation there is a legal presumption that alimony is not appropriate. Only after the requesting spouse can reasonably demonstrate that they have given the best effort in good faith to secure an independent income but failed is a petition for alimony taken into consideration.<ref>{{Cite book|last=Todd|first=David|url=https://books.google.com/books?id=LzmsAgAAQBAJ|title=Texas Divorce and Family Law Guide: What You Should Know Before You Call a Lawyer|date=2010-09-29|publisher=Lulu.com|isbn=978-0-557-69368-9|language=en}}</ref> The amount of spousal support in that may be awarded is limited to the lesser of $5,000 per month or 20% of the payee's gross income.<ref name="Texas Statute">{{cite web|title=Texas Statute|url=http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.8.htm}}</ref>

Some states, including California, Nevada and New York, have spousal support statutes that list factorsthat a judge should consider when determining alimony.<ref name="Texas Statute" /><ref name="Massachusetts Statute">{{cite web|title=Massachusetts Statute|url=http://www.mass.gov/legis/laws/mgl/gl-208-toc.htm}}</ref><ref>{{cite web|title=California Statute|url=http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=04001-05000&file=4320-4326|url-status=dead|archive-url=https://web.archive.org/web/20090809080717/http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=04001-05000&file=4320-4326|archive-date=2009-08-09}}</ref><ref name="Oldham">{{cite journal|last=Oldham|first=J. Thomas|year=2008|title=Changes in the economic consequences of divorces, 1958-2008|url=http://heinonline.org/HOL/LandingPage?handle=hein.journals/famlq42&div=30|journal=Family Law Quarterly|publisher=University of Houston Law Center|volume=42|issue=3|pages=419–447|jstor=25740667|ssrn=1323911}}</ref> In these states, the determination of duration and amount of alimony is left to the discretion of the family court judges as limited by legal precedent. In 2012, [[Massachusetts]] enacted alimony reform that set limits on alimony and eliminated lifetime alimony.<ref>{{cite web |title=Massachusetts law about alimony |url=https://www.mass.gov/info-details/massachusetts-law-about-alimony |website=Mass.gov |publisher=Commonwealth of Massachusetts |access-date=5 May 2025}}</ref> In 2013, [[Colorado]] signed into law alimony reform, creating a standardized non-presumptive guideline upon which courts can rely.<ref>{{cite news |last1=O'Connor |first1=Colleen |title=New law changes alimony landscape for divorcing Colorado couples |url=https://www.denverpost.com/2013/10/18/new-law-changes-alimony-landscape-for-divorcing-colorado-couples/ |access-date=24 November 2023 |work=The Denver Post |date=18 October 2013}}</ref>

In general, there are four types of alimony:<ref>[[American Bar Association|ABA]] (1996), "[http://www.abanet.org/publiced/practical/books/family/chapter_10.pdf Alimony/Maintenance]", in {{cite book|url=https://archive.org/details/americanbarassoc0000unse_d1j7|title=The American Bar Association guide to family law: the complete and easy guide to all the laws of marriage, parenthood, separation and divorce|publisher=Times Books/Random House|year=1996|isbn=9780812927917|editor-last=ABA|editor-link=American Bar Association|location=New York|url-access=registration}}</ref>

# '''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:<ref>{{cite journal |last1=Bussayabuntoon |first1=Joann |title=Age and Health as Factors for Court-Ordered Alimony Decisions |journal=Contemporary Legal Issues |date=2015 |volume=22 |pages=309 |url=https://heinonline.org/HOL/LandingPage?handle=hein.journals/contli22&div=25&id=&page= |access-date=28 August 2021}}</ref>
{| class="wikitable"
|-
!Factor
!Description
|-
|Length of the marriage or civil union
|Generally, alimony lasts for a term or period. However, it will last longer if the marriage or civil union lasted longer. A marriage or civil union of over 10 years is often a candidate for permanent alimony.
|-
|Time separated while still married
|In some U.S. states, separation is a triggering event, recognized as the end of the term of the marriage.  Other U.S. states do not recognize separation or [[legal separation]].  In a state not recognizing separation, a 2-year marriage followed by an 8-year separation will generally be treated like a 10-year marriage.
|-
|Age of the parties at the time of the divorce
|Generally, more youthful spouses are considered to be more able to 'get on' with their lives, and therefore thought to require shorter periods of support.
|-
|Relative income of the parties
|In U.S. states that recognize a right of the spouses to live 'according to the means to which they have become accustomed', alimony attempts to adjust the incomes of the spouses so that they are able to approximate, as best possible, their prior lifestyle.
|-
|Future financial prospects of the parties
|A spouse who is going to realize significant income in the future is likely to have to pay higher alimony than one who is not.
|-
|Health of the parties
|Poor health goes towards need, and potentially an inability to support oneself.  The courts are disinclined to leave one party indigent.
|-
|Fault in marital breakdown
|In U.S. states where fault is recognized, fault can significantly affect alimony, increasing, reducing or even nullifying it.  Many U.S. states are '[[no fault divorce|no-fault]]' states, where one does not have to show fault to get divorced.  No-fault divorce spares the spouses the acrimony of the 'fault' processes, and closes the eyes of the court to any and all improper spousal behavior. In Georgia, however, a person who has an affair that causes the divorce is not entitled to alimony.<ref>{{cite news|last=Wadler|first=Joyce|date=January 13, 2011|title=Don't Try This at Home|page=D1|work=[[The New York Times]]|url=https://www.nytimes.com/2011/01/13/garden/13cheat.html?_r=1&scp=1&sq=don't%20try%20this%20at%20home&st=cse}}</ref>
|}

====Prenuptial agreements====
{{main|Prenuptial agreement#United States}}

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 violate 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.<ref>See subsection (c) of [https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=FAM&division=4.&title=&part=5.&chapter=2.&article=2. California Family Code, Sec 612].</ref>

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]]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).<ref name="McCoy" /><ref name="Alimony Agony" /><ref name="ABC News" /><ref name="The Huffington Post">{{cite news|last=Matlack|first=Tom|date=November 17, 2011|title=Divorce Reform in Massachusetts: David vs. Goliath|work=[[Huffington Post]]|url=http://www.huffingtonpost.com/tom-matlack/divorce-reform-in-massach_b_357874.html}}</ref><ref name="New Art of Alimony" /><ref>{{cite news|last=Goodnough|first=Abby|date=November 10, 2009|title=Retirees Still Liable for Alimony, Massachusetts Court Rules|work=[[The New York Times]]|url=https://www.nytimes.com/2009/11/10/us/10alimony.html?_r=1|access-date=April 23, 2010}}</ref><ref name="On Point">{{cite news|last=Ashbrook|first=Tom|date=November 3, 2009|title=Til death do they pay?|work=On Point, [[NPR]]|url=http://www.onpointradio.org/2009/11/til-death-does-he-pay#comments}}</ref>  Alimony terms are among the most frequent issues causing litigation in [[family law]] cases.<ref name="McCoy" /><ref name="The Honorable Robert E. Gaston" /> Eighty percent of divorce cases involve a request for modification of alimony.<ref name="Barbara von Hauzen, Esp" /><ref>{{cite web|author=Christopher R. Musulin, Esquire|title=Should New Jersey Adopt a Formula Approach for Spousal Support?: Article on Alimony for New Jersey State Bar Association Annual Meeting, May 2009|url=http://www.burlingtoncountydivorce.com/CM/Custom/Article%20on%20Alimony%20for%20NJ.pdf|url-status=dead|archive-url=https://web.archive.org/web/20110708104525/http://www.burlingtoncountydivorce.com/CM/Custom/Article%20on%20Alimony%20for%20NJ.pdf|archive-date=2011-07-08|publisher=The New Jersey Bar Association}}</ref>

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.<ref name="theory">{{cite journal|last=Kornhauser|first=Marjorie E.|year=1996|title=Theory Versus Reality: The Partnership Model of Marriage in Family and Income Tax Law|url=http://heinonline.org/HOL/LandingPage?handle=hein.journals/temple69&div=50|journal=[[Temple Law Review]]|publisher=[[Temple University Beasley School of Law]]|volume=69|pages=1413|ssrn=1441473}}</ref><ref>{{cite web|last=von Hauzen, Esp.|first=Barbara|title=Should Permanent Alimony Be Eliminated?|url=http://www.massalimonyreform.org/PDFs/Should_Permanent_Alimony_Be_Eliminated.pdf|url-status=dead|archive-url=https://web.archive.org/web/20110727070621/http://www.massalimonyreform.org/PDFs/Should_Permanent_Alimony_Be_Eliminated.pdf|archive-date=2011-07-27|work=The Reformer|publisher=Massachusetts School of Law}}</ref> In other states, like Mississippi and Tennessee, alimony is usually awarded for life.<ref name="Alimony Agony" /><ref>{{cite journal|last=Martin|first=Frank|date=August 2002|title=From Prohibition to Approval: The Limitations of the 'No Clean Break' Divorce Regime in the Republic of Ireland|journal=International Journal of Law, Policy and the Family|publisher=[[Oxford University Press|Oxford Journals]]|volume=16|issue=2|pages=223&ndash;259|doi=10.1093/lawfam/16.2.223}}</ref><ref>{{cite news|last=Grossman|first=Joanna|date=May 19, 2005|title=Can an adulterer receive alimony?|publisher=[[CNN]]|url=http://edition.cnn.com/2005/LAW/05/05/grossman.adultery.alimony/index.html|access-date=April 23, 2010}}</ref>

Some of the critical issues that proponents and opponents of alimony reform disagree upon are:
*  Whether alimony should be temporary or permanent<ref name="New Art of Alimony" />
*  Regardless of duration, should alimony payers have the unquestionable right to retire?<ref>{{cite news|last=Goodnough|first=Abby|date=November 10, 2009|title=Retirees Still Liable for Alimony, Mississippi, Massachusetts and Tennessee Court Rules|work=[[The New York Times]]|url=https://www.nytimes.com/2009/11/10/us/10alimony.html?_r=1|access-date=April 23, 2010}}</ref>
*  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"?<ref name="New Art of Alimony" />
*  Should the income and assets of a new spouse be used in determining how much alimony gets paid?<ref name="Alimony Agony" />
* How clear and prescriptive should state statutes be versus allowing a larger degree of Judicial Discretion?<ref name="Alimony Agony" /><ref>[https://www.justice.gov/sites/default/files/crt/legacy/2010/12/28/thunderhorsebr_sct.pdf]{{cite web |title=Pierce v. Pierce Brief for the Amicus Curiae |url=http://www.womensbar.org/images/amicus_piercevpierce.pdf |archive-url=https://web.archive.org/web/20211103104255/http://www.womensbar.org/images/amicus_piercevpierce.pdf |url-status=dead |archive-date=November 3, 2021 |publisher=The Women's Bar Association of Massachusetts}}</ref><ref>{{cite news|last=van der Pool|first=Lisa|date=October 5, 2009|title=Dueling alimony bills raise hackles in legal circles|work=[[Boston Business Journal]]|url=http://boston.bizjournals.com/boston/stories/2009/10/05/story7.html}}</ref><ref>{{cite web|title=Alimony For Life – Push To Change Mass. Laws|url=http://wbztv.com/local/alimony.for.life.2.1304753.html|url-status=dead|archive-url=https://web.archive.org/web/20091114085818/http://wbztv.com/local/alimony.for.life.2.1304753.html|archive-date=2009-11-14|publisher=WBZ News Channel 38}}</ref>

In 2012, bills were introduced in the New Jersey Assembly and Senate. The Assembly passed a bill calling for a Blue Ribbon Commission to address Alimony Reform.<ref>{{cite web|last=Rooney|first=Matt|date=June 25, 2012|title=Legislation would establish Blue Ribbon Commission to review New Jersey's alimony laws and suggest changes (blog)|url=http://southjerseylawfirm.com/blog/update-alimony-reform-bill-passes-new-jersey-assembly/|access-date=March 28, 2014|website=southjerseylawfirm.com|publisher=DeMichele & DeMichele Attorneys at Law}}</ref> The Senate has a similar bill pending that has not yet been posted in the Judiciary Committee.<ref>{{cite web|last=Joelle Farrell|first=Inquirer Trenton Bureau|date=August 19, 2012|title=New Jersey struggles with the knotty issue of alimony reform|url=http://articles.philly.com/2012-08-19/news/33273321_1_alimony-law-judges-odd-jobs|archive-url=https://archive.today/20130411150957/http://articles.philly.com/2012-08-19/news/33273321_1_alimony-law-judges-odd-jobs|url-status=dead|archive-date=April 11, 2013|access-date=28 March 2014|work=Philadelphia Daily News|publisher=Interstate General Media, LLC}}</ref> 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.<ref>{{cite web|last=Patrick|first=Judge Jr|date=October 14, 2012|title=On divorce and alimony, NJ on wrong path for women|url=http://blog.nj.com/njv_guest_blog/2012/10/on_divorce_and_alimony_nj_on_w.html|access-date=March 28, 2014|work=The Star-Ledger|publisher=New Jersey On-Line LLC}}</ref><ref>{{cite web|last=Patrick|first=Judge Jr.|date=June 2012|title=Strength in Numbers|url=http://www.highroadsolution.com/file_uploader/images/NJFamilyLawyerV33N1June2012.pdf|access-date=28 March 2014|work=highroadsolution.com|pages=27–70}}</ref> 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 [to study alimony reform] but only as long as the commission is constituted so that a fair and unbiased review of the current alimony laws takes place…[and] should not be predisposed to an outcome…."<ref>{{cite web|last=Patrick|first=Judge|title=Chair's Column Effectuating Change in the Legislature|url=http://www.highroadsolution.com/file_uploader/images/FamilyLawyerV33N2Oct2012.pdf|access-date=28 March 2014|pages=1–2}}</ref>

In 2023 Florida passed an alimony reform bill (SB 1416) which eliminated permanent alimony and established a process for allowing alimony payers to request modifications when they want to retire. The bill allowed judges to reduce or terminate alimony obligations based on a number of factors.<ref name=":1">{{Cite web |date=2023-06-30 |title=Florida Gov. DeSantis signs bill ending permanent alimony - CBS Miami |url=https://www.cbsnews.com/miami/news/florida-gov-desantis-signs-bill-ending-permanent-alimony/ |access-date=2023-07-07 |website=www.cbsnews.com |language=en-US}}</ref> The passage came after decades of contentious debate garnering three vetoes of similar bills.<ref>{{Cite web |last=Florida |first=Dara Kam, News Service of |title='This is a death sentence for me': Florida Republican women say they will switch parties after DeSantis approves alimony law |url=https://www.orlandoweekly.com/news/this-is-a-death-sentence-for-me-florida-republican-women-say-they-will-switch-parties-after-desantis-approves-alimony-law-34563230 |access-date=2023-07-07 |website=Orlando Weekly |language=en}}</ref> Some groups that were previously major opponents of the reform approved of the 2023 policy, such as Florida Family Fairness and [[The Florida Bar]].<ref name=":1" />

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.<ref name="Florida State Senate">{{cite web|title=Florida State Senate: Interim Project Report 2005-146|url=http://www.flsenate.gov/data/Publications/2005/Senate/reports/interim_reports/pdf/2005-146ju.pdf|publisher=State of Florida Senate}}</ref> 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.<ref>{{cite news|last=Hester|first=Tom|date=April 16, 2009|title=Eliminating alimony, inheritance rights for murderers, abusers|work=The New Jersey News Room|url=http://www.newjerseynewsroom.com/state/eliminating-alimony-inheritance-rights-ofr-murderes-abusers|url-status=dead|access-date=December 19, 2009|archive-url=https://archive.today/20120905210027/http://www.newjerseynewsroom.com/state/eliminating-alimony-inheritance-rights-ofr-murderes-abusers|archive-date=September 5, 2012}}</ref>

==== Taxation ====
In divorces and separation agreements signed on December 31, 2018 and earlier, alimony is tax-deductible for the payer, and treated as taxable income for the recipient. Pursuant to the [[Tax Cuts and Jobs Act of 2017]], for divorce judgments dated January 1, 2019 and later, spousal support is treated as not-taxable and non-deductible for either party.<ref>{{cite web|date=24 March 2021|title=Changes to deduction for certain alimony payments effective in 2019|url=https://www.irs.gov/forms-pubs/clarification-changes-to-deduction-for-certain-alimony-payments-effective-in-2019|access-date=10 June 2021|website=IRS|publisher=Internal Revenue Service}}</ref>