What qualifies a spouse for alimony
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When it comes to divorce proceedings, alimony is rather high on the list of polarizing topics. Some people see the value of alimony, others think it’s unnecessary and outdated, and still others are indifferent. Nevertheless, alimony is grounded in historical necessity that makes its origin rather interesting.
The etymology of the word ‘alimony’ comes from the 17th century Latin word ‘alimōnia,’ which means nourishment and a means of subsistence. Alimony was created to do exactly what the word itself means: to afford a former wife the ability to support herself at a basic level after being divorced.
The roots of alimony can be traced back as far back in history as the Babylonian Code of Hammurabi. Within the Code of Hammurabi are rules regarding marriage, one of which said that if a couple divorced, the man had to return the dowry, give custody of any children to his ex-wife, and he must give her an allowance to sustain her and their children. And, if there weren’t any children, the man must still return the dowry and pay his ex-wife the equivalent of a ‘bride price.’ Bride price
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Alimony
Legal obligation to provide financial support to one's spouse due to marital separation
For other uses, see Alimony (disambiguation).
Alimony, also called aliment (Scotland), maintenance (England, Ireland, Northern Ireland, Wales, Canada, New Zealand), spousal support (U.S., Canada) and spouse maintenance (Australia),[1] is a legal obligation on a person to provide financial support to their spouse before or after marital separation or divorce. The obligation arises from the divorce law or family law of each country. In most jurisdictions, it is distinct from child support, where, after divorce, one parent is required to contribute to the support of their children by paying money to the child's other parent or guardian.
Etymology
The term alimony comes from the Latin word alimonia'nourishment, sustenance', from alere'to nourish'. Also derived from this word are the terms alimentary(of, or relating to food, nutrition, or digestion), and aliment(a Scots Law rule regarding sustenance to assure the wife's lodging, food, clothing, and oth
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Is Alimony Based on Current Income?
When clients seek our help in a divorce case, questions about alimony often are top of mind. Whether they are seeking a first-time decision on alimony or modification to an existing alimony, they often want to know whether alimony is based on current income. Both spouses involved in the divorce must complete paperwork that proves their current financial situation, including any income they currently have. The court then bases the alimony award on this information.
When a client is wondering whether alimony is based on current income, it often occurs because either our client or our client’s ex-spouse recently had a significant change in income. This change could affect alimony calculations. In a situation like this, our spousal support lawyer may be able to seek a new alimony judgment based on the new levels of income for either spouse or for both spouses.
How to Qualify to Seek a Change in Alimony Payments
Many times, when our clients are wondering about how current income status affects alimony payments, it is because of a change in income
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