Alimony

Money and property are weapons in the matrimonial war. A woman usually drives a hard bargain as the price for a divorce. There are limiting factors in the battle-ground over alimony, even where agreeable to the husband and wife. Most husbands and wives cannot afford divorces, but the wife makes the...

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Veröffentlicht in:The Annals of the American Academy of Political and Social Science 1969-05, Vol.383 (1), p.13-22
1. Verfasser: Ploscowe, Morris
Format: Artikel
Sprache:eng
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Zusammenfassung:Money and property are weapons in the matrimonial war. A woman usually drives a hard bargain as the price for a divorce. There are limiting factors in the battle-ground over alimony, even where agreeable to the husband and wife. Most husbands and wives cannot afford divorces, but the wife makes the best bargain possible. In court, the judge has to decide how much money should be paid by the husband to the wife. Awards of alimony vary with individual cases and also with the philosophy of the judge. Alimony is a perquisite of wives legally married. Traditionally, it cannot be granted to a woman who has not been married, or if the marriage has been annulled. But even in annulments, the legislature frequently makes provision for the wife. Frequently, the husband and wife enter into a separation agreement which aids the court. The factors to be taken into account are many and varied. There are sharp disputes as to how much income and property the husband has. Alimony awards are not fixed and permanent. A court order may be changed if circumstances change, but generally there is no certainty in alimony arrangements. If the husband refuses to pay the alimony, the law provides the wife with many legal weapons. Is it desirable to continue the alimony system? Should alimony be granted for a specific period, for example, three years? Should the basis of alimony be the wife's net need, consistent with income and assets of the husband? Should not all divorce courts employ techniques to reduce the areas of disputes in awarding or modifying alimony?
ISSN:0002-7162
1552-3349
DOI:10.1177/000271626938300103