One of the most distinct qualities of our country is the fact that each state has the power to set its own laws. Many people forget that the United States was founded as a Republic of independent States, and this system allows people to control what happens in their local community through democratic processes. Although States disagree on how to handle various issues, the subject of alimony seems to elicit a particularly diverse set of opinions. Depending on where a spouse lives in the United States, they may encounter very different alimony outcomes.
The Question of Permanent Alimony
Permanent alimony continues to be a controversial subject throughout many states. Only a handful of States still grant permanent alimony on a regular basis, and this number is decreasing with each passing year. Florida recently abolished any possibility of permanent alimony, and many other States have taken similar steps to end these ongoing obligations.
States like New Jersey, Oregon, Michigan, and New Hampshire may still grant permanent alimony – along with a handful of other jurisdictions. Perhaps most notably, these States may grant permanent alimony to healthy, non-disabled spouses.
This is not the case in many other states, where permanent alimony is considered a rare outcome. If family courts in these states do award permanent alimony, it is often because the recipient spouse is completely disabled or severely ill.
All States Consider the Length of the Marriage When Awarding Alimony
While each state approaches alimony in its own unique way, they also share a few similarities in their alimony laws. One notable example is the manner in which family courts consider the length of the marriage when awarding alimony. Generally speaking, short-duration marriages (up to two or three years) do not result in alimony – regardless of the state. The general rule for most states is that the duration of alimony should be 50% of the marriage. For example, a marriage that lasts 20 years usually triggers a 10-year alimony period.
States May Consider Different Types of Misconduct When Awarding Alimony
States also differ in how they use alimony to penalize various forms of misconduct. Perhaps the most obvious example is the connection between adultery and alimony in certain States. These States punish spouses who commit adultery by making them ineligible to receive alimony. Examples include North Carolina, Arkansas, Virginia, and many others. Often, these are States that have criminal laws against adultery. Although these laws are rarely enforced in criminal courts, adultery can still cause serious financial consequences in civil divorce courts.
Other States consider different types of misconduct when awarding alimony. A notable outlier is New Jersey, which automatically bars spouses from receiving alimony if they commit child abuse during the marriage. This might include abandonment, neglect, physical abuse, and murder.
Rehabilitative Alimony is Becoming the Norm
Across the United States, we are witnessing a trend toward rehabilitative alimony. One of the most common criticisms of alimony is its antiquated nature and the fact that it was created at a time when women were not allowed to work. Today, dual-income families are more common than ever before. Rehabilitative alimony strikes a balance by providing support – but still nudging spouses toward financial independence.
About the author