Gale Encyclopedia of American Law Volume 1 P26 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 238 ALIMONY Unlike the family s home or station wagon the husband s earning power has not yet reached its full value but it promises to grow. It seems especially unfair for the wife not to receive a share of it since after helping the husband attain his education she agreed to forfeit her earning power to invest time in the family. The several years she spent out of the workforce continue to handicap her earnings. Alimony is the only means available to the court to avoid a potentially unjust division of assets. The judge in this case may award alimony or may award a token amount such as 1 a year so that the wife has the option to request an increase later on modifying an award is easier than winning one after the divorce . Or the judge may award no alimony judges are not required to award alimony. The husband and wife in this example are unlikely to find a single solution they both consider equitable. In trying to reach an order that is fair judges must balance spouses contributions and sacrifices during the marriage with their needs after the divorce. Although the result may not match both spouses ideas of what is fair one of alimony s biggest virtues is its flexibility it can always be changed. Alimony can be modified or eliminated as the former spouses needs change if those needs are the result of decisions they made as a married unit. Awards and increases in alimony are meant to address only needs that are caused by the divorce itself not unrelated needs. If the wife s elderly mother becomes ill and dependent on her after the divorce for example the wife s need increases but the increase is unrelated to the divorce and will not increase her eligibility for alimony. However a significant change in circumstances such as a rise in the recipient s income or a drop in the payer s income can cause the court to reduce or end alimony. Occasionally courts increase alimony to keep up with inflation. Many courts have indicated that situations such as maltreatment are not
