Also known as:alimenta · aliments · alimentum · maintenance · alimony
Written by attorneys · grounded in primary & secondary sources — see below
Financial support that one person owes to another who is in need, typically a spouse or close relative.
Sources & Authorities
How it applies
Common Examples
6
Derivative Suit Dismissal
Adrian Aguilar, a minority shareholder, filed a derivative suit alleging that corporate officers diverted funds that should have covered his aliment obligations to his former spouse. The board appointed qualified directors who conducted an inquiry and concluded that continuing the suit was not in the corporation's best interests. The court granted the motion to dismiss the proceeding.
Contingent Fee Prohibition
Arthur Abrams, a family-law attorney, agreed to represent Alexandra Armstrong in her divorce in exchange for a fee equal to twenty percent of any aliment award she obtained. The arrangement tied payment directly to the amount of support recovered. The ethics board disciplined Abrams for violating the prohibition on contingent fees in domestic-relations matters.
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Cases
Statutes
Uniform Acts
Model Codes
Common Law
Restatements
Dictionaries
Landowner Liability After Repair
Alfred Ashford hired an independent contractor to repair the roof of his rental building. After the work, a tenant's child fell through a weakened section and suffered injuries. Ashford remained liable because he failed to inspect the premises to ensure they remained safe for the payment of aliment to the child's mother.
Receiver Priority Dispute
Anchor Bank, holding a senior mortgage, sought appointment of a receiver to collect rents that would fund Austin Abbott's aliment payments to his children. A junior mortgagee had already obtained a receiver. The court recognized the senior mortgagee's priority and directed the junior receiver to surrender control of the rents.
Specific Jurisdiction Over Insurer
Alliance Holdings, an insurer domiciled elsewhere, solicited and issued a policy to Albert Allen in the forum state. After Allen's death, his children sued to enforce payment of aliment from the proceeds. The single contact of maintaining the policy supported specific jurisdiction over the claim.
Unconscionable Separation Agreement
Austin Abbott and his spouse signed a separation agreement that left the wife without adequate aliment. The court found the terms unconscionable and ordered the parties to submit a revised agreement addressing property division and support.
Common questions
Frequently Asked
3
What does aliment require a spouse to provide?+
Aliment requires one spouse to furnish financial support to the other when the recipient is in need and the payer has the ability to pay. The amount is determined by the circumstances of both parties without regard to marital misconduct.
Can a lawyer accept a contingent fee based on the amount of aliment recovered?+
No. Model Rules of Professional Conduct prohibit a lawyer from charging or collecting a contingent fee in a domestic-relations matter when the fee depends on securing a divorce or on the amount of alimony, support, or property settlement obtained.
How does a court handle an unconscionable separation agreement that fails to provide aliment?+
If the court finds the separation agreement unconscionable as to maintenance or support, it may request the parties to submit a revised agreement or may itself enter orders for the disposition of property, maintenance, and support.
376 U.S. 254 (1964)Remedies
…for the bringing about of political and social changes desired by the people." Roth v. United States, 354 U. S. 476, 484. "The maintenance of the opportunity for free political discussion to the end that government may be responsive to the will of the people and that changes may be obtained by lawful means, an opportunity…