United States: The Surprising Continuing Lack of Consensus Under U.S. Law for the Award of Spousal Support After Divorce

International Survey of Family Law 2022 (Intersentia 2022)

U of Houston Law Center No. 2022-A-12

13 Pages Posted: 4 Aug 2022 Last revised: 28 Sep 2022

Date Written: August 3, 2022

Abstract

This chapter, which will appear in the International Society of Family Law 2022 Annual Survey, highlights the many differences in alimony policies in the United States today. Some states bar a claimant from receiving alimony if he or she is found to be at fault. In a number of others, it is not a bar but can be taken into consideration when determining the amount.

Some states generally limit the duration of alimony to a relatively short period (three to five years), regardless of the marriage duration, unless the claimant is disabled or is caring for a disabled child of the marriage. In a few states, alimony generally cannot be obtained if the marital duration did not exceed ten years.

In a few states, there is a maximum monthly amount of alimony, while in others there is a presumptive or absolute limit on the percentage of the obligor’s income that can be awarded as alimony. In others, as a general rule, at least in a marriage of long duration, alimony can be awarded in an amount that will allow the claimant to maintain something approximating the marital standard of living.

Perhaps the most controversial aspect of alimony awards relates to the duration of the award. Many states accept that, if a claimant spouse needs education or training at divorce to qualify for a desired career, within certain limits rehabilitative support should be possible after divorce so that he or she can obtain such education or training. There is less agreement regarding how the award duration should be determined if the claimant does not desire education or training, but “needs” support, in the sense that he or she cannot maintain the marital standard of living without post-divorce support. There seems to be an increasing acceptance of the idea that, in divorces ending a marriage of “medium” duration (10-20 years), if support is awarded it should be for some fraction of the marital duration. If the marriage lasted more than 20 years, and the claimant spouse was out of the workforce for much of that time, and the spouses’ respective career prospects are quite different at divorce, in a number of states (but certainly not all states) alimony could be awarded until the obligor dies (or possibly retires), or the recipient remarries, cohabits or dies.

This article also summarizes the alimony guidelines that have been adopted during the past decade. The aim of guidelines is to provide more uniformity to the amount and duration of awards.

Keywords: spousal support, divorce, alimony, marriage

Suggested Citation

Oldham, J. Thomas, United States: The Surprising Continuing Lack of Consensus Under U.S. Law for the Award of Spousal Support After Divorce (August 3, 2022). International Survey of Family Law 2022 (Intersentia 2022), U of Houston Law Center No. 2022-A-12, Available at SSRN: https://ssrn.com/abstract=4180899

J. Thomas Oldham (Contact Author)

University of Houston Law Center ( email )

4604 Calhoun Road
4604 Calhoun Road
Houston, TX 77204-6060
United States

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