The changing face of alimony in modern divorce

Once upon a time alimony was synonymous with divorce. While it is increasingly less customary, it is nevertheless still a factor in many divorces. Who pays and how much, however, is changing dramatically.

For Minnesotans considering divorce, this is subject worthy of a conversation. If one spouse is primarily breadwinner, while the other spouse stays home with the kids, spousal maintenance is an issue that likely needs to be discussed.

It is important to understand that alimony and child support are two separate forms of support. Child support is specifically for the care the children, while alimony is a form of spousal support, developed to provide support from one spouse to the other after a divorce.

In the United States, the alimony laws are based on old English precedent. In the past, the purpose of spousal support was to provide for the woman in the relationship, who was viewed as dependent on her husband for sustenance.

While alimony was once regarded as a "male only" burden, things have changed dramatically over the last fifty years. Women are no longer viewed as burdens that need to be cared for. Rather, women stand on the same footing as men, and today determining which party owes which alimony is based more an assessment of facts than gender. No longer is the role of men and women in the household predetermined by custom. Interestingly, more and more women are beginning to pay alimony, as we reported earlier on this blog. This is a strong signal of the changing times, and the heightened role of women in modern day society.

In Minnesota, a judge will consider the facts of the case and use a formula to determine if one party or the other needs to pay any maintenance. However, the judge still has some discretion and how the formulas are used can vary between counties.

Today, many partners are equally capable of providing for themselves, which can make spousal support unnecessary or punitive in some cases. Yet in situations where one spouse is significantly more financially secure than the other, the court can award spousal maintenance in a number forms including a lump sum payment or monthly payment.

Source: The Huffington Post, "Is Alimony Still Necessary?" Kristen Houghton, May 31, 2012