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Current Trends in Alimony Laws

By Laurence J. Cutler and Alyssa M. Clemente

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?

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