Also known as: support & maintenance · spousal support · alimony
Written by attorneys — see sources below.
2 senses
An obligation imposed on spouses to provide for each other's financial needs. The extent of the obligation is measured by the supported spouse's need and the supporting spouse's ability to pay. A spouse may petition a court for alimony or maintenance when the obligation is not met.
An obligation imposed on spouses to provide for each other's financial needs. The extent of the obligation is measured by the supported spouse's need and the supporting spouse's ability to pay. A spouse may petition a court for alimony or maintenance when the obligation is not met.
An ascertainable standard authorizing a trustee to distribute trust assets sufficient to maintain a beneficiary at the standard of living the beneficiary enjoyed when the trust was created.
The trustee of a discretionary trust for Sofia Stern refused to invade principal for her medical expenses. The court held that the trustee must consider whether the distributions are needed to maintain her accustomed standard of living under the support and maintenance standard.
An ascertainable standard authorizing a trustee to distribute trust assets sufficient to maintain a beneficiary at the standard of living the beneficiary enjoyed when the trust was created.
Each sense below has its own examples, sources, and questions.
Stephen Shaw retained counsel to handle his divorce from Sabrina Shah. The lawyer proposed a fee equal to fifteen percent of any alimony awarded. The arrangement is prohibited because the fee is contingent on the amount of support recovered.
Sydney Santos and Sofia Stern executed a marital agreement that eliminated spousal support upon divorce. The provision is enforceable under the statute governing modification of spousal support terms.
Sean Steele and Selena Singh signed a premarital agreement eliminating spousal support. After separation Selena qualified for public assistance. The court ordered Sean to pay support sufficient to restore her eligibility for benefits.
After Stephen Shaw stopped providing funds, Sabrina Shah petitioned the court for maintenance. The court examined her need and his ability to pay and awarded alimony because the statutory thresholds were satisfied.
A state statute limited alimony to wives only. Sydney Santos challenged the law after her divorce. The court struck the statute because it discriminated on the basis of sex without an exceedingly persuasive justification.
On February 26, 1974, a final decree of divorce was entered dissolving the marriage of William Orr and Lillian Orr. The decree directed Mr. Orr to pay Mrs. Orr $1,240 per month in alimony pursuant to a settlement agreement that the parties had entered and that the Lee County Circuit Court incorporated into the decree. On July 28, 1976, Mrs. Orr initiated a contempt proceeding in the Circuit Court of Lee County, Alabama, alleging that Mr. Orr was in arrears on his alimony payments. At the August 19, 1976 hearing on the petition, Mr. Orr submitted a motion requesting that the Alabama alimony statutes be declared unconstitutional because they authorize courts to place an obligation of alimony upon husbands but never upon wives. The Circuit Court denied Mr. Orr's motion and entered judgment against him for $5,524 covering back alimony and attorney fees. Mr. Orr appealed the judgment to the Alabama Court of Civil Appeals, which affirmed the constitutionality of the statutes. The Alabama Supreme Court granted Mr. Orr's petition for a writ of certiorari but on November 10, 1977, without opinion, quashed the writ as improvidently granted. Mr. Orr then appealed to the United States Supreme Court. Neither Mrs. Orr nor the Alabama courts objected to the timeliness of the constitutional claim. The lower courts reached and decided the federal question on the merits.
View case4 common questions
No. The prohibition applies only to domestic-relations matters involving divorce, alimony, support, or property settlement. An employment-contract dispute seeking reinstatement does not fall within the rule even when the fee is tied to restored earnings.
A court may require the obligated party to provide support when the elimination of support would render the other party eligible for public assistance at separation or dissolution.
The court examines the supported spouse's need for funds and the supporting spouse's ability to pay, measured by the circumstances of the parties.
The statute created a gender classification that was not substantially related to an important governmental interest. Gender-neutral means must be used to address the economic needs of dependent spouses.
The executor paid the federal estate tax that included the value of the trust principal and filed suit for a refund in the district court. All facts were stipulated for the district court proceeding. The district court ruled for the government. The executor appealed to the United States Court of Appeals for the First Circuit. The decedent had been a donor to three inter vivos trusts previously established by his wife. He served as a trustee of the trusts until the date of his death. The initial life beneficiary was the decedent's adult son. Eighty percent of the trust income was normally payable to the son, with the balance added to principal. Subsequent beneficiaries were the son's widow and his issue. The trust instruments contained powers in Article 4 and Article 7. Article 4 permitted the trustees in their absolute discretion to increase the percentage of income payable to the son when needed in case of sickness or desirable in view of changed circumstances. The trustees could also cease paying income to the son and add it all to principal during such period as they decided the stoppage was for his best interests. Article 7 gave the trustees broad administrative powers, including discretion to acquire investments not normally held by trustees and authority to determine what was to be charged or credited to income or principal. It further empowered the trustees generally to do all things in relation to the trust fund which the donor could do if living and the trust had not been executed. The government claimed that the powers in the two articles required inclusion of the trust corpus in the decedent's estate. The executor disputed this position after paying the tax and seeking recovery. The district court had ruled against the executor on the stipulated facts, leading directly to the appeal.
View case1 common questions
The trustee must make distributions sufficient to keep the beneficiary at the standard of living the beneficiary enjoyed when the trust was created.
…the parties, and which was approved by the divorce court. The agreement requires the husband to pay $1,240 per month for the "support and maintenance, use and comfort" of the wife for her life or until she remarries. It also specifies that the terms and provisions of the agreement "shall inure to and be binding upon the parties hereto…