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In many countries alimony, maintenance, or spousal support is an obligation established by law that is based on the premise that both spouses have an absolute obligation to support each other during the marriage (or civil union) unless they are legally separated, though in some instances the obligation to support may continue after separation. Once dissolution proceedings commence, either party may seek interim or pendente litelitigation.
Where a divorce or dissolution of marriage (civil union)
is granted, either party may ask for post-marital alimony. It is not an
absolute right, but may be granted, the amount and terms varying with
the circumstances. If one party is already receiving support at the
time of the divorce, the previous order is not automatically continued
(although this can be requested), as the arguments for support during
and after the marriage can be different.
Historically, alimony arose as a result of the indissoluable nature
of marriage. Because divorce was rare, husband and wife remained
married after their physical separation and the husband's obligation to
support his wife continued. With the growing view that men and women
should be treated equally, the law recognized that both husbands and
wives owed each other a similar duty of support. Accordingly, courts
now may order either the husband or wife to pay alimony.
Some of the possible factors that bear on the amount and duration of the support are: (see below for more details on these)
- length of the marriage
- time separated while still married
- age of the parties at the time of the divorce
- relative income of the parties
- future financial prospects of the parties
- health of the parties
- fault in marital breakdown
Unless the parties agree on the terms of their divorce in a binding written instrument, the court will make a fair determination based on the legal argument and the testimony
submitted by both parties. This can be modified at any future date
based on a change of circumstances by either party on proper notice to
the other party and application to the court. The courts are generally
reluctant to modify an existing agreement unless the reasons are
compelling. In some jurisdictions, the court always has jurisdiction to
grant maintenance should one of the former spouses become a public
charge.
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