Similarly, in 2013, Colorado signed into law alimony (Spousal Maintenance) reform, creating a standardized non-presumptive guideline upon which courts can rely. states are 'no-fault' states, where one does not have to show fault to get divorced.
In some states such as New York, educational degrees earned during the marriage may be considered marital property. states where fault is recognized, fault can significantly affect alimony, increasing, reducing or even nullifying it. No-fault divorce spares the spouses the acrimony of the 'fault' processes, and closes the eyes of the court to any and all improper spousal behavior.
As husbands' incomes increased, and with it the possibility of paying alimony, the awarding of alimony increased, generally because a wife could show a need for ongoing financial support, and the husband had the ability to pay.
Alimony moved beyond support to permitting the more dependent spouse to become financially independent or to have the same standard of living as during the marriage or common law marriage, though this was not possible in most cases.
The term alimony comes from the Latin word alimōnia ("nourishment, sustenance", from alere, "to nourish"), from which also alimentary (of, or relating to food, nutrition, or digestion) and the Scots law concept of aliment, and was a rule of sustenance to assure the wife's lodging, food, clothing, and other necessities after divorce.137.
If a man wish to separate from a woman who has borne him children, or from his wife who has borne him children: then he shall give that wife her dowry, and a part of the usufruct of field, garden, and property, so that she can rear her children.
Liberalization of divorce laws occurred in the 19th century, but divorce was only possible in cases of marital misconduct.
As a result, the requirement to pay alimony became linked to the concept of fault in the divorce.
However, during the period, parties could rarely afford alimony, and so it was rarely awarded by courts.The Tax Cuts and Jobs Act of 2017 has changed the federal tax treatment of alimony for divorces and separation agreements signed on or after January 1, 2019, making it identical to that for child support—non-deductible for the payer, and non-taxable for the recipient. A spouse trying to recover back alimony sometimes may use only the collection procedures that are available to all other creditors (such as reporting the amount due to a collection agency).One who allows his or her alimony obligations to go into arrears, where there is an ability to pay, may be found in contempt of court and be sent to jail.Furthermore, the amount of spousal support is limited to the lesser of ,500 per month or 40% of the payee's gross income.In these states, the determination of duration and amount of alimony is left to the discretion of the family court judges who must consider case law in each state.Post-divorce or permanent alimony was also based on the notion that the marriage continued, as ecclesiastical courts could only award a divorce a mensa et thora, similar to a legal separation today.As divorce did not end the marriage, the husband's duty to support his wife remained intact.Some state statutes, including those of Texas, Montana, Kansas, Utah, Kentucky and Maine, give explicit guidelines to judges on the amount and/or duration of alimony.In Texas, Mississippi and Tennessee, for example, alimony is awarded only in cases of marriage or civil union of ten years or longer and the payments are limited to three years unless there are special, extenuating circumstances.When she has brought up her children, a portion of all that is given to the children, equal as that of one son, shall be given to her. The modern concept of alimony is derived from English ecclesiastical courts that awarded alimony in cases of separation and divorce.Alimony pendente lite was given until the divorce decree, based on the husband's duty to support the wife during a marriage that still continued.