Alimony

San Jose Divorce Lawyer

During divorce proceedings, it is frequently necessary for one spouse to agree to give the other spouse a set amount on which to live each month. This is done mainly to ensure that the spouses continue to live in the same manner that they did throughout the marriage.

Alimony, also called maintenance or spousal support, is an obligation established by law in many countries. It is based on the premise that each spouse has an obligation to support each other during the marriage, or civil union, unless they are legally separated. In many instances, the obligation to support the spouse may continue even after separation occurs.

In the historical context, alimony arose as a result of the indissoluble nature of marriage. Divorce was exceptionally rare, but it was not uncommon for a couple to separate and maintain different residences. The husband and wife remained married after their physical separation and the husband still had an obligation to support his wife.

As the world changed and the notion that men and women should be treated as equals became popular, the law recognized that it was not just the husband’s responsibility to support his wife, but also the wife’s responsibility to support her husband. This belief gained popularity when an increasing number of women started working outside of the home.

As it stands now, the courts can order either the husband or the wife to pay alimony in the event of separation or divorce. In actuality, it is more frequently the husband that is required to pay alimony to his wife. As time passes, this tradition has started to change.

As more women have started earning more than their husbands, it has become the trend for the wife to pay alimony to her former husband.

Speak with a San Jose Divorce Lawyer

If you are going through a divorce or would like to renegotiation alimony payments, contact San Jose divorce lawyer Daniel Jensen at 408-296-4100 to discuss your situation and to determine the best solution.