South Florida Attorney Eric N. Klein

The Alimony Debate

Alimony is a well established doctrine in divorce cases, designed to keep the standard of living of a dependent spouse from decreasing after a divorce. It is based on the idea that a marriage is not only a social contract, but an economic one as well, and that the financial obligations between spouses do not dissolve immediately after a divorce. If one spouse is the primary wage-earner, failing to provide alimony would be unfair to the other spouse.

Although alimony laws make no official distinction between genders, in practice a kind of unbalance has arisen. Historically, since men were more likely to be employed, alimony was generally awarded from ex-husband to ex-wife. The issue has become more complicated in recent years, due to the increased presence of successful women in the workforce. It is now much more likely for a wife to be the primary wage-earner in a family than at any other time in history.

In response to this social shift, the alimony doctrine has come under scrutiny. Many men complained that the term alimony carried with it certain sexist connotations, since alimony payments were traditionally awarded from husband to wife, and unfairly prejudiced the system against husbands who wished to claim alimony from their wage-earning wives. For this reason, many states and jurisdictions now refer to alimony as "spousal support" or "spousal maintenance," in an effort to promote a gender-neutral terminology.

Another problem is the inconsistency and ambiguity of alimony laws. Family law experts and practitioners have complained for many years about the difficulty of handling alimony cases, simply due to how vague the statutes are. There have been efforts in several states recently to completely overhaul the alimony system and ensure more uniformity and clarity.

Controversy has also arisen over the way alimony is implemented. As the system currently stands, alimony awards are given on a variety of different terms. One common method is to award payments until the receiving spouse is either financially independent or enters into a cohabiting relationship with another person. This is known as "rehabilitative" alimony. However, in some cases, lifetime alimony may also be awarded. This has led many paying spouses to complain, saying that their ex-spouses are essentially freeloading on money they have not earned.

If you are getting divorced or simply have questions about alimony or spousal support, a Boca Raton alimony lawyer may be able to assist you. Call Eric N. Klein & Associates at 561-353-2600 today.