Divorce Article About Alimony Law

By Staff Writer

Alimony law varies from state to state, and often the amount of alimony rests completely on the judge's discretion. There are rarely alimony guidelines which are comparable to child support guidelines that are mandated by each state. The method of payment varies also; a lump-sum payment is allowed in most states, equal to the total alimony amount expected over a period of years.

Alimony Law in Different States
In Louisiana, spousal support cannot exceed one-third of the other spouse's income unless the alimony is awarded in a lump-sum payment. California is more lenient with alimony, citing the importance of allowing the ex-spouse to maintain the same standard of living as in the marriage. But in Indiana, alimony is seen as purely rehabilitative, allowing the ex-spouse the opportunity to train for a job, with specific time limits.

Michigan's family divorce law allows the judge to weigh the character and habits of the petitioner, and they can be rejected simply on moral grounds. However, in Illinois, marital fault cannot be considered when evaluating the case for alimony. In Alabama, marital fault or misconduct can also weigh heavily against someone seeking alimony. However, in Alabama, "temporary" alimony is available to help an ex-spouse get on their feet.

Alimony law varies in the amount of latitude the judge will allow for the payments. For example, in some states, a husband can stipulate that he will pay alimony only until the children turn 18, or only if Johnny attends a certain military school. In other states, conditions like these are not allowed. Since alimony is in many cases not enforceable like child support, the recipient of alimony may feel obliged to put up with the conditions of the payments. Please consult our recommended website for more information about state divorce laws.