CHAPTER ELEVEN

Alimony/Maintenance

Joshua, 48, and Ellen, 46, were married for twenty-two years before deciding to divorce. Ellen spent most of the marriage at home raising the children, although she began working part-time as a teacher five years ago. They own a house and have $100,000 in investments. Bob earns $80,000 per year; Ellen earns $20,000 per year. Should Ellen be able to receive alimony, and, if so, should the alimony be temporary or permanent? 

Alimony is a term that refers to payments from one spouse to the other spouse, for the benefit of the spouse who is receiving payment. Some states use the term alimony; other states use the terms maintenance or spousal support; all mean the same thing. (For simplification in the rest of this section, we will use only the term “alimony,” but wherever “alimony” is used, “maintenance” or “spousal support” could be substituted.)

The overwhelming majority of all alimony awards are from the husband to the wife, but in appropriate circumstances (such as a husband who takes care of the children and home while the wife works outside the home), payments from the wife to the husband also can be ordered. The United States Supreme Court has held that it is unconstitutional for a state’s statute to allow alimony payments only to the wife; payments to the husband must be permissible too. All states allow courts to order alimony, although some states are more reluctant to order alimony than others.

There are several types of alimony, each of which is designed to meet particular needs.

• Types of Alimony
• Tax Aspects of Alimony
• Criteria for Ordering Alimony
• When Should Alimony Be Permanent?
• Life Insurance to Guarantee Alimony
• Health Insurance