Tuesday, May 28, 2013

The Controversy Over Permanent Alimony

By Jessica R. Alexander, J.D., MLS, Reference Librarian
This morning, May 28, 2013, an NPR Morning Edition piece, Alimony Till Death Do Us Part? Nay, Say Some Ex-Spouses, featured the controversy over permanent alimony mandated by the courts of some states.  There are efforts underway to change these laws.  Opponents say that times have changed and the laws don't reflect the reality that many women can take care of themselves after divorce and the lifetime burden on mostly ex-husbands is unfair. Diane Rehm also featured this subject on her show on Monday, May 20, 2013, Debate Over Ending Lifetime Alimony.

The American Bar Association has a useful site called Family Law in the Fifty States. It features charts on various areas of family law.Their Chart 1 concerns Alimony/Spousal Support Factors. Another resource is found in the Journal of the American Academy of Matrimonial Lawyers, Jurisdictional Issues Under the Uniform Interstate Family Support Act, by Mechelene DeMaria at Volume 16, Page 243 (1999).

Section 8.001 of the Texas Family Code, Maintenance, et. seq. contains the Texas law on alimony. Texas has adopted the Uniform Instate Family Support Act, it appears beginning in Section 159.001 of the Texas Family Code.