Family Law on Alimony and Physical Abuse | LegalZoom Legal

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Family Law on Alimony and Physical Abuse

By Beverly Bird
No-fault divorce went nationwide in 2010 when New York became the last state to
recognize grounds such as irreconcilable differences and irretrievable breakdown of the
marriage. Some states, such as Florida, recognize only no-fault grounds. It's no longer
necessary to prove your spouse did something wrong in order to get a divorce, no matter
where you live. However, this doesn’t mean that marital misconduct, such as physical
abuse, will not affect issues of alimony, even in pure no-fault states.

Purpose of Alimony
Alimony – also called spousal support or maintenance in some states – prevents one spouse
from living in poverty while the other enjoys all the comforts of financial security,
especially after a long-term marriage. Courts often award alimony even when fault or
marital misconduct is not involved, basing the duration and amount on the lifestyle the
parties enjoyed while married.

Types of Alimony
Courts may award alimony temporarily during the divorce proceedings, then terminate it
or carry it over into a divorce decree. Rehabilitative alimony supports a spouse for a
limited period of time, allowing her to acquire the skills or education necessary to support
herself in a lifestyle similar to the marital standard. Courts most often order permanent
alimony after long-term marriages when spouses have spent decades relying on the
economic partnership. Alimony is frequently a regular payment from the higher-earning
spouse to the other, but it can also take the form of a lump sum payment or even additional
marital property.
Divorce is never easy, but we can help. Learn More

Factors Considered by the Court

In addition to the length of the marriage and marital lifestyle, judges typically consider
several other factors when ordering alimony. Most states don't have a statutory,
mathematical equation for calculating the duration of the amount, but instead rely on
judges to interpret these factors and make an award that seems fair. Other factors can
include age, each spouse's earnings potential, and one spouse's contributions toward the
other spouse's career advancement, though they may vary from state to state. All factors
usually hinge on the financial needs of one spouse and the other spouse's ability to pay.

Marital Misconduct
Marital misconduct, including physical abuse, is another alimony factor that some courts
take into consideration. However, alimony awards are rarely punitive. It's not designed to
punish one spouse for hurting the other, but rather to ensure an injured or damaged
spouse has the financial wherewithal to move on with her life post-divorce. This is
particularly true if she's been hurt to the extent that she's physically, mentally or
emotionally incapable of supporting herself.

Burden of Proof
Abuse typically falls under the grounds of cruelty in states that recognize fault-based
divorce in addition to no-fault grounds. Whether you allege abuse as your grounds, or you
present the issue at trial because you've asked for alimony, it's rarely enough to appear in a
courtroom when your divorce goes to trial and tell the judge your spouse abused you. You
must present proof to substantiate your allegations. You can use photos of your injuries, or
hospital and doctor's reports and records. You can use statements or testimony from
witnesses who saw your spouse hurt you. You can usually subpoena mental health
professionals for testimony as well, if the abuse resulted in therapy or counseling. In the
end, it all comes down to whether you can convince the judge of the seriousness of what
you endured, so you may need the help of an attorney.
Divorce is never easy, but we can help. Learn More
Alimony Laws in North Carolina on Extramarital Affairs

References

• Nugent, Zborowski & Bruce: What Impact Does Physical Abuse Have on an Award of
Alimony?

• Ohio Legal Services: Case Summaries -- Divorce

• Matney Law Firm: Alimony in Maryland

• The People's Law Library of Maryland: Grounds for Absolute Divorce

• Marisol Rodriguez Basulto: Family Law Frequently Asked Questions

• National Paralegal College: Types of Alimony/Spousal Support

• Bloomberg: Divorce Easier as New York Law Ends Need to Lie

Related articles

New York State Divorce Laws

In 2010, New York became the last state in the country to embrace the concept of no-fault
divorce. The legislature added irretrievable breakdown of the marriage to its list of
permissible reasons to file. However, like other states, New York will not grant you a
divorce until all issues are resolved between you and your spouse even if you’re in
agreement that your marriage has simply run its course.

Spousal Support Guidelines in Virginia

Virginia’s alimony statutes were relatively stagnant until 1998 when the legislature finally
took steps to bring its laws current with the social climate. The 1998 legislation changed
the term “alimony” to “spousal support,” and it allows judges a little more discretion when
awarding it. Since then, some counties have continued to upgrade their spousal support
guidelines, predominantly those in the northern part of the state.

How to Refute Alimony

Alimony consists of payments that a supporting spouse makes to a dependent spouse in
order to maintain the standard of living to which she became accustomed during the
couple's marriage. Although the law on alimony varies from state to state, these orders can
take up a significant amount of your income and can, in some cases, last for the rest of your
life. If you can't afford an attorney to defend you against an alimony claim, make sure
you're fully prepared before going to court alone.

Relevant links
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