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Current Trends in Alimony Laws
Deriving from the Ecclesiastical Courts in England, alimony or spousal support is the concept by which one spouse (traditionally the husband) provides financial support to the other spouse (traditionally the wife). In its initial iterations, fault was required to be granted a divorce, and thus, the notion of fault became necessarily linked to the concept of alimony.
In 1970, California became the first state to implement no-fault divorces, when the Family Law Act of 1969 was passed. New Jersey quickly followed. The remaining states then fell into line, creating the first wave of alimony changes: Should fault be considered in awarding alimony?
Considering fault in awarding alimony, or, in the alternative, denying a dependent spouse alimony, tended to become a moral issue, rather than a legal one. Elaine G. Rollins, Alimony Considerations Under No-Fault Divorce Laws, 57 Neb. L. Rev. 792 (1978). While it could have been expected that the elimination of the moral issue within the context of alimony would have led to predictability and uniformity, this has not been so.
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