Alimonation (also called aliment (Scotland), maintenance (UK, Ireland, Northern Ireland, Wales, Canada), wives (US, Canada) and spousal care (Australia)) is a legal obligation for a person to provide financial support to his or her spouse before or after separation or divorce. Obligations arise from divorce law or family law of each country.
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Etymology
The term allowance comes from the Latin alim? Nia ("food, sustenance", from alere, "to fertilize"), from which is also food (from, or related) to food, nutrition, or digestion) and the concept of law Scots of aliment, and is a provision of sustenance to ensure the accommodation of wives, food, clothing, and other needs after divorce.
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History
The Code of Hammurabi (1754 BC) states that a man should give sustenance to a woman who has given birth to her children, so she can raise it:
- 137. If a man wants to part with a woman who has given birth to her children, or from his wife who raised her children: she will give his wife a dowry, and part of the produce of the fields, and property, so he can raise his children. When he has raised his children, some of everything given to the children, equivalent to one son, will be given to him. He then married the man in his heart.
Benefits have also been discussed in the Justinian Code.
The modern concept of allowance stems from English ecclesiastical courts granting benefits in separation and divorce cases. Alimony pendente lite is given until the divorce decree, based on the duty of the husband to support the wife during the marriage that continues. Post-divorce or permanent allowance is also based on the presumption that marriage continues, because the ecclesiastical court can only provide divorce a thora, similar to the separation laws today. Since the divorce does not end the marriage, the husband's duty to support his wife remains intact.
Liberalization of divorce law occurred in the 19th century, but divorce was only possible in cases of marital offenses. As a result, the requirement to pay for benefits becomes associated with the concept of mistakes in divorce. The allowance to the wife is paid because it is assumed that marriage, and the wife's right to support, will continue but for her husband's misbehavior. Ending a divorce allowance will allow a guilty husband to take advantage of his own mistakes. Conversely, if the wife makes a mistake, she is deemed to have lost any claim to ongoing support. However, during that period, parties were rarely able to obtain benefits, and were therefore rarely provided by the courts. As husbands' incomes increase, and with it the possibility of paying benefits, the allowance increases, generally because a wife can indicate the need for ongoing financial support, and the husband has the ability to pay. Anonymous divorce leads to a change in benefits. While the spousal support is perceived to be right under an error-based system, it becomes conditional under the faultless approach. According to the American Bar Association, marital misconduct is a "factor" in providing benefits in 25 states and the District of Columbia. Permanent benefits are becoming unpopular, as they prevent new ex-spouses, although in some states (eg, Massachusetts, Mississippi, and Tennessee), the rewards of permanent benefits continue, but with some limitations. Alimony moves beyond support to allow more dependent couples to become financially independent or have the same standard of living as during ordinary marriage or marriage, although this is not possible in most cases.
In the 1970s, the United States Supreme Court ruled against gender bias in awards and, according to the US Census Bureau, the percentage of male beneficiaries rose from 2.4% in 2001 to 3.6% in 2006. countries such as Massachusetts and Louisiana, new spouse salaries can be used in determining benefits paid to previous partners. Recently, in some high-profile divorces, women such as Britney Spears, Victoria Principal, and Jessica Simpson have paid millions of dollars in lieu of allowances for ex-husbands. According to divorce lawyers, aggressive pursuit of male-sponsored support by men is becoming more common, due to the stigma associated with requiring alimony allowances.
Reckoning
After the dissolution process begins, either party may request temporary support or pendente lite during the litigation process.
Where a divorce or marriage dissolution (civil union) is granted, either party may request a post-marriage benefit. This is not an absolute right, but it can be given, the number and conditions vary according to circumstances. If one party has received support at the time of the divorce, the previous command is not automatically resumed (though this can be requested), because the arguments for support during and after the wedding may be different.
Unless the parties agree to the terms of their divorce in a binding written instrument, the court will make a decision based on the legal arguments and testimony presented by both parties. This may be modified in the future based on a change of circumstance by either party with appropriate notice to the other party and the application to court. Courts are generally reluctant to change existing agreements unless the grounds are forcing. In some jurisdictions courts always have jurisdiction to provide care if one of these pairs becomes a public expense.
Child support
Benefits are not child support, where, after divorce, one parent should contribute to the support of their children by paying money to the parent or other guardian of the child.
United States
Child support is considered a payment that parents make for their offspring support, and the parent who pays it pays taxes. However, benefits are treated as taxable income, in most countries, to the recipient's partner, and, in most cases, deducted from the gross income of the paying partner (the United States IRS does not allow for child support to be reduced from adjusted gross income).
The Taxes Cuts and Jobs Act of 2017 have altered federal tax treatments allowances for divorce and separation agreements signed on or after January 1, 2019, making it synonymous with it for child benefits - non-deductible for payers, and non-taxable for the recipient.
United States
The U.S. state law specifies requirements on payment of benefits (and child support), remedies, and penalties. Couples who try to return a refund can sometimes only use the collection procedures that are available to all other creditors (such as reporting the amount caused by the collection agency).
The person who allows his duty allowance for arrears, where there is the ability to pay, can be found in court humiliation and sent to prison. The benefit obligation is not dismissed as a result of filing for bankruptcy. Ex-spouses who allow child support obligations to arrears may have certain licenses seized, found in court humiliation, and/or sent to jail. Like allowances, child support allowances are not released as a result of filing for bankruptcy.
Factors affecting benefits
The determination of benefits varies greatly from country to country and from state to state in the US. Some state laws, including Texas, Montana, Kansas, Utah, Kentucky and Maine, provide explicit guidance to judges on the number and/or duration of alimentation. In Texas, Mississippi and Tennessee, for example, benefits are granted only in cases of marriage or civil unions for ten years or more and payments are limited to three years unless there are special mitigating circumstances. Furthermore, the amount of spousal support is limited to less than $ 2,500 per month or 40% of the gross income of the payee. In Delaware, spousal support is usually not given in marriage for less than 10 years. In Kansas, awards allowance must not exceed 121 months. In Utah, the duration of the allowance can not exceed the length of marriage. In Maine, Mississippi, and Tennessee, benefits are granted in 10 to 20 years of civil marriage or union and the duration is half the boundary of the restrictive marriage. Other countries, including California, Nevada and New York, have relatively obscure laws that only include "factors" that the judge should consider when determining benefits (see list of factors below). In these countries, the determination of duration and amount of allowances is left to the discretion of family court judges who must consider case law in each state. In Mississippi, Texas and Tennessee, for example, there are 135 Appeals Cases in addition to the 47 sections of the Statute of State that make up the divorce law. As a result of this Appeals Case, for example, Mississippi judges can not reserve an end date for grant benefits. In 2012, Massachusetts signed a comprehensive legal allowance reform. This law sets limits on benefits and eliminates lifetime benefits. Similarly, in 2013, Colorado signed into Spousal Maintenance reforms, creating standard non-presumptive guidelines in which courts can rely on.
In some states like New York, a degree of education acquired during marriage may be considered a marriage property. In such countries, divorce settlements will often require the payment of an educated partner to another partner a part of the expected future earnings of those due to the degree they earn during marriage, and may require the expertise of a labor economist or other statistician and financial expert.
In general, there are four types of benefits:
- Temporary allowance: Support reserved when parties are separated before divorce. Also called alimony pendente lite , the Latin, which means, "waiting for the lawsuit".
- Rehabilitation allowance: Support is given to low-income couples for the time it takes to get a job outside the home and become self-sufficient.
- Permanent allowance: Support is paid to low-income couples to payer's death, recipient's death, or recipient's marriage.
- Benefit reimbursement: Support is provided in reimbursement for expenses incurred by a spouse during marriage (such as tuition fees).
Some of the factors that may arise in the number and duration of support are:
Pre-wedding agreement
Terms of benefits may be included in prenuptial agreements in some states. However: If an allowance is waived, it should be "fair and reasonable" not only at the time of execution of the agreement, but also at the time of the divorce. A waiver may be canceled if "injustice between the parties is too great" at the time of the divorce. And in all states allowing allowances, this release would not be enforced if law enforcement would make the couple a public indictment. The problem of temporary allowances is, however, a completely different matter. The rule of the US majority is that couples have an obligation to support each other during marriage and that the parties can not agree to terms that make them harmless from the obligations of support in closing. Because temporary benefits are the support given before the final divorce decision and, therefore, during marriage, many courts have seen prenuptial agreements as illegitimate to the extent that they free one spouse from his duty to support another. According to one treatise, even including the terms of the agreement may make the entire agreement void.
Reform
In the United States, family laws and precedents related to divorce, community ownership, and benefits vary by state law. Also, with new family models, "working spouses", "working wives", "home-living dads", etc., there are situations where some parties in divorce issues whether traditional economic allocations made in divorce are fair and equivalent to their individual case facts. Some groups have proposed various forms of legislation to reform the benefit parameters (ie number and time period). Benefit provisions are one of the most common causes of litigation in family law cases. Eighty percent of divorce cases involve a request for modification of benefits.
English General
Legal divorce in the US is based on the English General Law, developed when a woman submits her personal property rights to marriage (see Tutupan). After separation from marriage, the husband retains the rights to his wife's property, but, instead, has an ongoing responsibility to support the wife after the dissolution of marriage. British law has been amended by law including the Married Women Property Law of 1870 and the Married Property Law of 1882 that reforms the property rights of women relating to marriage, by, for example, permitting divorced women to regain property they possess before marriage.
Country reform
Some states (eg, Florida, Texas, Maine) move away from a permanent benefit award intended to maintain the standard of living the couple enjoyed during marriage and move toward durational or rehabilitative benefits. In other states, such as Mississippi, Massachusetts, and Tennessee, benefits are usually given for life.
Some of the important issues supported by supporters and opponents of benefit reform are:
- Whether the allowance should be temporary or permanent
- Regardless of the duration, do payers of benefits have unquestionable rights to retirement?
- Do low-income couples deserve benefits to meet their basic (sustenance) needs or are sufficient to maintain "a habitual lifestyle during civil unity or marriage"?
- Should new income and asset pairs be used to determine how much the benefit is paid?
- How clearly and prescriptively should declare a statute versus allowing a greater degree of Judicial Wisdom?
In some US states, including Pennsylvania, Oklahoma and New Jersey, some MPs are trying to change divorce laws because they are related to benefits. The Massachusetts law is provided for lifetime benefits, but in early 2009 the reform bill (HB 1785) backed by a group called "Mass Alimony Reform" gained 72 state representatives as sponsors (out of a total of 200 Representatives and Senators). HB 1785 will require spouses who receive benefits to become self-sufficient after a reasonable time. That will make the allowance as a temporary payment rather than a permanent right. The law will also address the issue of cohabitation - where beneficiaries live together, but not married to the other significant new ones. In January 2011, the bill was submitted to the Massachusetts legislature and passed unanimously by the legislature and signed into law on 26 September 2011. The law, which came into force on 1 March 2012, provides various categories of benefits, limit. duration of allowance.
In New Jersey, a group called New Jersey Alimony Reform was established in 2011 to encourage and promote similar reforms to reform allowances within the state. In 2012, a group called New Jersey Women For Alimony Reform was formed to promote the Alimon Reformation in New Jersey. In 2012, the bill was introduced in the Assembly of NJ and the Senate. The Assembly passed a bill calling on the Blue Ribbon Commission to address the Alimon Reform. The Senate has a similar bill that has not been published on the Judiciary Committee. The NJ Matrimonial Bar Association has vehemently opposed the Alimony Reform, led by Patrick Judge, Jr. chairman of the Family Law section of the New Jersey State Bar Association. The Prosecutor Judge stated that the New Jersey State Bar Association ("NJSBA") objected to the inclusion of individuals with interests in reforming benefits to the Blue Ribbon Commission and that NJSBA supported "the establishment of a commission [to study benefit reform] but only as long as the commission was established so that the review was fair and not biased against the current allowance law... [and] should not be affected by the results... "
In Florida, a group called Florida Alimony Reform was also established in 2011 to encourage and promote similar reforms for benefit reform in the state of Florida. A comprehensive Alimon Reform Bill passes the Florida House in 2012 but dies in the Senate. In 2013, both Florida House and Senate issued a comprehensive benefit bill sponsored by Senator Kelli Stargel, vetoed by Governor Scott at the end of the legislative session. As in the New Jersey, Florida Matrimonial Bar, headed by Carin Porras, Chairman, Family Law Division of Florida Bar strongly opposes reform.
In California, a nonprofit organization called CalAlimonyReform.org was founded by Steve Clark in 2015 to develop and advocate government laws, regulations and programs to provide equality in all aspects of marital settlements related to the dissolution or cancellation of marriages within the state. California.
In Minnesota, a group called Minnesota Alimony Reform was formed in early 2016 by Dr. Michael Thomas. The organization is closely modeled after the Mass Alimony Reform and has consulted its founder, Stephen Hitner. Minnesota Alimony Reform successfully worked with legislators in the House and Senate to amend the statutory allowance in the state (MN Statute 518.552) to allow modifications to the recipient's cohabitation.
California, Connecticut, Georgia, Illinois, Oklahoma, New York, South Carolina, Tennessee, Utah and West Virginia have all passed the law allowing for modification or termination of benefits at the demonstration that the recipient is living together with others. In April 2009, New Jersey Governor Jon Corzine signed a law change in the statute of benefits for his country that would prohibit the payment of benefits to parents who killed, abused, or abandoned their children.
Canada
Type of spousal support
In Canada, spousal support can be granted at the time of divorce, under federal Divorce Ordinance, or after separation without divorce under provincial law. In general there are three different forms of spousal support given:
- Compensation support - This form of support compensates the individual for his or her contribution to the relationship and to the loss suffered by the individual;
- Non-compensated support - In some cases support may be provided on a need basis. This form of support may be provided by Courts where an individual is sick or disabled; and
- Contract support (divorce agreement) - This form of support upholds the contract between the parties governing the payment of support.
Married couples and common law partners
Both married couples and married couples may be entitled to spousal support. An important difference between the two is that the common-law couple must initiate actions that require spousal support within one year after the details of the relationship. The second important difference is that only married couples who can divorce under the federal Divorce Act, married couples can only split up under provincial law, such as the Family Law Law of Ontario or British Columbia < i> Family Relation's Act . There are no such restrictions for married individuals. In addition to being in a marriage or general legal relationship, the court will see the conditions, means, needs, and other circumstances of each partner. These include:
- The length of time couples live together;
- The functions performed by each pair during the relationship; and
- All existing orders or agreements.
This does not mean a complete list of factors that will be considered by the court when determining the right. Each case is determined on the unique circumstances of each.
Factors to provide spousal support
The Federal Divorce Act in s.15.2 (6) states that there are four objectives of the spousal support command:
- Recognize any economic gain or loss to a spouse arising from marriage or its interruption;
- The proportion between spouses who have financial consequences arising from the care of each child of marriage above and on any obligation to support each child of the marriage;
- Relieve the economic difficulties couples who arise due to marriage breakup; and
- To the extent possible, promote the economic adequacy of each partner within a reasonable period of time.
Amount and duration
The longer the length of cohabitation and the greater the difference between the earnings of each party, the greater the appreciation of partner support will be and the longer the duration. As stated above, the calculation of spousal support is very complicated. There are no tables to use as in child support calculations. Lawyers use special software designed specifically to calculate the rights, amount, and duration of support. Once the information is entered into the computer, the software will provide a range for the number and duration of paired support.
Although there is no established formula for determining the exact number and duration of spousal support, there are guidelines, called the Spacus Support Advisory Guides , which provide a range for both. The Stake Support Advisory Guide calculates the range by considering the factors set out above. Although courts are not required to comply with the Advisory Guide for National Library Support , they are required to consider it when deciding on a spousal support issue.
Depending on the means and needs of each recipient of support, the courts will generally provide a certain amount of spousal support somewhere within the range provided by the software. The longer the relationship, the greater the assumption that the parties must have an equal standard of living.
Likewise, the length of the relationship will be taken into account when determining how long the spousal support should be paid. The rewards for spousal support can be for a limited or unlimited period.
Although declaring bankruptcy does not exempt Canada from the obligation to pay child benefits or allowances, a 2011 decision by the Supreme Court of Canada stipulates that under the current law "the agreed payment of equalization as part of the divorce is considered a debt, and removed from a person's balance sheet when they declare bankruptcy. "
See also
- Child support
- Closure
- Divorce
- Male rights
- Palimony - a term of litigation involving Lee Marvin
- Pre-wedding agreement
- Women's rights
References
External links
Source of the article : Wikipedia
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