Spousal support is termed Alimony in the United States and Canada. This is a financial obligation on one person to provide support financially to their spouse before their marital separation or after a divorce proceeding. This financial legal obligation is derived from family law or divorce law in the state where the couple may reside.
The Latinword alimonia isactually where the word alimony comes from. Alimonia isalso termed as sustenance or nourishment from the word alere whichmeans “to nourish.” The concept of aliment in Scots Law was the sustenance rule to assure that the wife will be provided for after the divorce. This may include things such as: 1) clothing; 2) lodging; 3) food and other necessities after a divorce proceeding in family court.
The History of Alimony from 1754 B.C.
In 1754 B.C.,the Code of Hammurabi and its legal declaration stated that a man must provide for the woman who has borne his children. It stated that he must provide sustenance and other necessities so that the woman and the children are provided for during their lives. The Code of Justinian has also discussed Alimony. The English ecclesiastical courts were the ones to actually derive themodern concept of alimony. These courts awarded legal alimony through the divorce or even at the start of the separation. Alimony pendent lite and Post-divorce or permanent alimony are two examples. The Alimony pendent litewas legally awarded to the wife until the final divorce decree was entered by the courts. This was based upon the husband’s legal obligation to support hiswife while the marriage still continued until the divorce was over. The permanent alimony or Post-divorce was received by the wife after the divorce was actually finalized by the ecclesiastical courts. Today, the divorce lawsare very difficult to understand and it is absolutely crucial that you have any experienced alimony lawyers millburn nj on your side at the timeof your separation or divorce proceeding.
During the19th century, liberalization of the family court divorce laws occurred. Marital misconduct was the only way that the divorce would legally be granted. Thefault of the divorce was then linked to the requirements to pay the alimony. The wife’s alimony would actually be paid because the wife had the right to besupported and the actual marriage may have continued if it hadn’t been for the husband’s misbehavior. On the other hand, if the wife was found to be at fault legally, her right for alimony or support would become forfeit. During these hard times, the courts rarely awarded the spousal support because people justcould not afford to pay it back then but the modern day laws have changed agreat deal. As the husband or wife’s income increases, so could your alimony payments. The no-fault divorce can bring changes to your spousal support. An experienced law team and their professional staff can be very important because your divorce case could become quite complex in a court of law.