Alimony Law: Its Historical Roots And Evolution

Alimony, also known as spousal support or maintenance, is the legal obligation for a person to provide financial support to their spouse during separation or after divorce. The concept of alimony can be traced back to the Code of Hammurabi in 1754 BC, which stated that a man must provide sustenance to a woman who has borne him children in the event of their separation. The modern concept of alimony arose in English ecclesiastical courts, where it was awarded in cases of separation and divorce as husbands had a legal duty to support their wives during marriage. Over time, the laws around alimony have evolved, with gender-neutral language being introduced and the consideration of factors such as the length of the marriage, the relative incomes of the spouses, and the presence of marital fault.

Alimony in the Code of Hammurabi

The Code of Hammurabi, a Babylonian legal text composed in 1754 BCE, is one of the earliest known legal codes to address the concept of alimony. Alimony, also known as spousal support or maintenance, refers to the legal obligation of providing financial support to a spouse during or after marital separation or divorce.

In the Code of Hammurabi, the concept of alimony is primarily addressed in provisions related to divorce and the rights of women. Here are four to six paragraphs elaborating on alimony in the Code of Hammurabi:

The code specifies that if a man wishes to separate from his wife who has borne him children, he has a legal obligation to provide for her and their children. This includes returning her dowry and granting her a portion of their fields, gardens, and property, ensuring she has the means to raise their children. Once the children have grown up, the wife is entitled to receive a portion equal to that of one son from the inheritance. Additionally, she is free to remarry afterward.

This law, translated by L. W. King, states:

> "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. 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. She may then marry the man of her heart."

The code also addresses situations where a man wishes to separate from his wife who has not borne him any children. In such cases, the man is still required to provide financial support. He must return the dowry she brought from her father's house and, if there was no purchase price, pay her a gift of release, typically one mina of gold.

> "If a man wishes to separate from his wife who has borne him no children, he shall give her the amount of her purchase money and the dowry which she brought from her father's house, and let her go."

Furthermore, the Code of Hammurabi recognizes the wife's right to initiate a separation. If a woman wishes to leave her husband's house due to issues such as debt or neglect, she can do so by plunging into debt or attempting to ruin her house. In such cases, the husband has the option to offer her release, allowing her to leave without providing financial support. Alternatively, he can choose to keep her in his house as a servant.

The following law, from the Code of Hammurabi, outlines this scenario:

> "If a man's wife, who lives in his house, wishes to leave it, plunges into debt, tries to ruin her house, neglects her husband, and is judicially convicted: if her husband offer her release, she may go on her way, and he gives her nothing as a gift of release) If her husband does not wish to release her, and if he take another wife, she shall remain as servant in her husband's house."

Additionally, the code addresses scenarios where the wife is at fault for the breakdown of the marriage, such as adultery or neglect. In these cases, the husband has the right to send her away, keeping their children and her dowry, or to degrade her to the position of a slave within his household, providing her with food and clothing.

> "If a man's wife be surprised (in flagrante delicto) with another man, both shall be tied and thrown into the water, but the husband may pardon his wife and the king his slaves."

The Code of Hammurabi also includes provisions for the protection of women's rights during and after marriage. For example, it prohibits the enslavement of foreign women who had married Babylonian husbands and ensures that women have a free and dignified position in society.

Alimony in the US

Alimony, also known as spousal support or maintenance, is a legal obligation for one spouse to provide financial support to the other during separation or after divorce. The term 'alimony' comes from the Latin word 'alimonia', meaning 'nourishment' or 'sustenance'.

History of Alimony

Alimony obligations were first imposed by the Egyptians, Greeks, and Hebrews. However, the roots of alimony can be traced back to the Code of Hammurabi, which stated that if a couple divorced, the man had to return the dowry, give custody of any children to his ex-wife, and provide her with an allowance to support herself and their children.

In the United States, the concept of alimony was derived from English ecclesiastical courts, which awarded alimony in cases of separation and divorce. During the Middle Ages, these courts had jurisdiction over spiritual and religious matters and interpreted canon law. At this time, divorce was not permitted in England, so alimony was established as a response to legal separation. Although couples could live separately, the husband still had a legal duty to financially support his wife as they were still legally married.

In the US, alimony laws have evolved over time. Initially, alimony was awarded primarily to wives, as women typically did not have property rights during marriage and often did not work outside the home. However, since 1970, most states have moved towards gender-neutral alimony laws, with the Supreme Court striking down an Alabama statute that allowed only men to make alimony payments. As a result, the term 'spousal support' is often used instead of 'alimony' to reflect this change.

In recent years, there have been efforts to reform alimony laws in the US, with some states moving away from permanent alimony awards and towards durational or rehabilitative alimony. Additionally, the tax treatment of alimony payments has changed, with alimony no longer being tax-deductible for the payer or treated as taxable income for the recipient for divorce judgments dated January 1, 2019, or later.

Alimony in Massachusetts

Alimony, or spousal support, is a legal obligation for one spouse to provide financial support to their spouse before or after marital separation or divorce. In Massachusetts, alimony is court-ordered support paid by one spouse to another for a period of time after a divorce. Alimony is only applicable to divorcing or divorced couples and must be requested during the divorce process. If the original divorce judgment does not mention alimony, a complaint can be filed for alimony after the divorce.

The duration of alimony payments in Massachusetts, known as general term alimony, is determined by the length of the marriage. For marriages under twenty years, the alimony duration is calculated as a percentage of the number of months married, from the wedding date to the date the divorce complaint was served. The percentage increases every five years:

• For marriages of 5 years or less, alimony duration is 50% of the number of months married.
• For marriages between 5 and 10 years, it is 60%.
• For marriages between 10 and 15 years, it is 70%.
• For marriages between 15 and 20 years, it is 80%.
• For marriages over 20 years, alimony is paid until the payer spouse reaches full social security retirement age, typically between 66 and 68 years old.

There are exceptions to these standard durations, which a judge may approve under extraordinary circumstances. Additionally, payers can voluntarily agree to pay alimony for longer than legally required.

The amount of alimony paid is determined by the financial need of the recipient spouse and the ability of the paying spouse to provide support. As a guideline, alimony is suggested to be paid at between 30% and 35% of the difference in spouses' incomes. However, alimony should not exceed the spouse's financial need. If child support payments are also involved, the higher income—above $250,000—can be used for additional child support or alimony calculation.

There are four types of alimony recognised in Massachusetts:

• General term alimony: Based on the length of the marriage and the recipient's need.
• Rehabilitative alimony: Support for a spouse to gain work and become self-sufficient, usually for those who have been out of the workplace.
• Reimbursement alimony: To reimburse a spouse for economic and non-economic support, such as covering education costs.
• Transitional support: For a period of less than five years, to help a spouse become self-supporting.

Alimony laws in Massachusetts have undergone reform in recent years, including the 2011 Alimony Reform Act and the 2012 Massachusetts alimony reform, which set limits on alimony and eliminated lifetime payments.

Types of alimony

Alimony, also known as spousal support or maintenance, is a legal obligation for a person to provide financial support to their spouse before or after marital separation or divorce. The term 'alimony' comes from the Latin word 'alimonia', meaning 'nourishment' or 'sustenance'.

The modern concept of alimony is derived from English ecclesiastical courts, which awarded alimony in cases of separation and divorce. The obligation to pay alimony was linked to the concept of marital misconduct and fault.

In the United States, there are generally four types of alimony:

Temporary Alimony

Also known as alimony 'pendente lite' (Latin for 'pending the suit'), this type of alimony is awarded to provide support to the lower-earning spouse during the divorce process. It helps cover living expenses until a final settlement is reached and is usually based on a formula that considers the income of both spouses and the length of the marriage.

Rehabilitative Alimony

Rehabilitative alimony is provided to the lesser-earning spouse for a specific period to help them become self-sufficient. This type of support is often awarded when a spouse goes back to school or obtains training to improve their earning potential. The receiving spouse must provide regular updates on their progress toward financial independence.

Permanent Alimony

Permanent alimony is typically awarded in long-term marriages where one spouse has been out of the workforce for a significant period. It is paid until the receiving spouse remarries or passes away. In some states, alimony also ends if the recipient cohabits with a partner for an extended period.

Reimbursement Alimony

Reimbursement alimony compensates a spouse who supported the other through education or training, resulting in increased income. This type of alimony reimburses the supporting spouse for the expenses incurred during the other spouse's education or training.

Other types of alimony include:

• Lump-sum alimony: A one-time payment made to the receiving spouse, usually in cases where ongoing support is not expected.
• Transitional alimony: Support paid regularly or as a one-time payment after a short-term marriage to help the receiving spouse settle into a new lifestyle or location following the divorce.
• General term alimony: Financial support paid regularly to a financially dependent ex-spouse, with the duration depending on the length of the marriage.

Alimony and gender

Alimony, also called spousal support or maintenance, is a legal obligation for one spouse to provide financial support to their spouse before or after marital separation or divorce. The concept of alimony originated in English ecclesiastical courts, where it was awarded in cases of separation and divorce. At the time, divorce was not permitted, and a married couple could only obtain a legal separation. Despite living apart, the husband was still legally obliged to support his wife as they remained legally married.

Historically, alimony was reserved for wives, reflecting the traditional family structure where women stayed at home to care for children while men worked. However, this changed in the 1970s when most states in the US shifted from basing alimony awards on the spouse's gender to a gender-neutral approach. This shift was influenced by the Equal Protection Clause of the Fourteenth Amendment, which was affirmed by the US Supreme Court in 1979 when it struck down an Alabama statute mandating that only men could make alimony payments to women.

While women are still the primary recipients of alimony, the number of men receiving alimony from their former spouses is increasing. According to the 2000 census, only 0.5% of alimony recipients in the US were male, but by 2010, this figure rose to 3% of the 400,000 alimony recipients. The shift towards gender neutrality in alimony awards recognises that both men and women can be financially dependent on their spouses and have a right to spousal support upon separation or divorce.

In determining alimony orders, courts consider various factors, including the length of the marriage, financial contributions and income disparity between spouses, age and health, employability, and non-economic contributions to the marriage. These factors are used to assess the need for spousal support and determine the duration and amount of alimony to be awarded.

While alimony is intended to provide financial support, it has been criticised for perpetuating gender stereotypes and hindering gender equality. Critics argue that alimony reinforces the notion of women as dependent on men and discourages them from pursuing careers and financial independence. Additionally, alimony laws have been criticised for contributing to the wealth gap and legislated dependence for women. However, supporters of alimony argue that it recognises the economic disadvantages that spouses may face due to marriage or its breakdown and aims to promote economic self-sufficiency.

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