
Spousal support, or alimony, is designed to provide the
lower-income spouse with money for living expenses, either temporarily
or long term. The amount of spousal support payable to a party
is not determined by a mathematical calculation using statewide
guidelines as child support is. The amount of support is determined
by standards relating to the needs of a party, their relative
ability to earn income, both now and in the future, their age
and health, the length of the marriage, their contribution to
the schooling or advancement of the other party, and the assets
they have available to them with which to support themselves.
Permanent support, as opposed to temporary support, is very
much in the discretion of the judge.
Historically, alimony arose as a result of
the indissoluble nature of marriage. Because divorce was rare,
husband and wife remained married, even 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 now recognizes that both husbands and
wives owe each other a similar duty of support. Accordingly,
courts now typically order the higher wage earner to pay spousal
support to the other party.
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