ABA Family Legal Guide

Family Law

Marriage

Duties of Marriage

If the wife and husband separate or divorce, can a court require them to work outside the home?

No, not directly. If a wife and husband separate or divorce, a court still cannot directly order one or both of them to work. The court can, however, declare that one or both parties owe a duty of financial support to the other party (alimony; also called maintenance or spousal support) or to the children (child support). If so, the court will set an amount of support that must be paid. A duty of financial support means that person who is supposed to pay support must come up with the money somehow--usually from work or from savings. If the person who is supposed to pay support does not pay the money and does not have a good excuse why the money has not been paid, that person could be held in contempt of court. The possible penalties for being held in contempt of court include payment of fines and incarceration. Payments of child support and alimony will be discussed later in this chapter.