Also known as: spousal supports · alimony
Written by attorneys · grounded in primary & secondary sources — see below
A financial award requiring one former spouse to make periodic payments to the other for maintenance after the dissolution of marriage. The award rests on the recipient's need and the payor's ability to pay.
Stella Shapiro retained counsel to pursue a divorce and spousal support claim against Sean Steele. The lawyer proposed a fee equal to twenty percent of any support awarded. The arrangement violates professional conduct rules because the payment depends on the amount of spousal support obtained.
Serena Soto and Skylar Sullivan signed a premarital agreement that eliminated spousal support upon divorce. After ten years of marriage Serena petitions for modification. The court may enforce the elimination clause under the uniform act governing marital property agreements.
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Sophia Singh and Samantha Stone executed a marital agreement waiving all spousal support. Upon divorce Sophia qualifies for public assistance. The court orders Samantha to pay support sufficient to restore Sophia's eligibility for benefits.
Stella Shapiro stopped receiving funds from Sean Steele after he left the marital home. She petitions the court for support during the pending divorce. The court awards payments based on her need and his ability to pay.
Serena Soto lived with Skylar Sullivan for several years without marrying. After separation she seeks support under an implied agreement. The court applies contract principles to determine whether support is owed.
Sophia Singh obtained a Nevada divorce that ended the marriage but left a New York support order intact. Sean Steele challenges enforcement of the support award in New York. The court holds that the support obligation survives the foreign divorce decree.
A court may modify or eliminate spousal support pursuant to a premarital or marital agreement. If the elimination causes a party to qualify for public assistance, the court may require the other party to provide support sufficient to avoid that eligibility.
The court considers the recipient's need for funds and the payor's ability to pay. The award may also reflect the duration of the marriage and the standard of living established during the marriage.
A lawyer may not enter into a fee agreement contingent on the securing of a divorce or on the amount of alimony or support awarded. The prohibition applies even when the underlying claim is otherwise permissible for contingent fees.
A divorce decree from one state may terminate the marital status but leave intact a support order entered by another state. Full faith and credit does not require recognition of the foreign decree as to the support obligation.
…"to confer on the courts of the United States jurisdiction over any State law claim seeking the establishment of a divorce, alimony, equitable distribution of marital property, or child custody decree." Every law enacted by Congress must be based on one or more of its powers enumerated in the Constitution. "The powers…