While each state is primarily responsible for divorce and marriage proceedings in the area, the Uniform Marriage and Divorce Act was created to keep things orderly in the United States. The act governs all types of family law, and focuses in on issues like alimony, property division and child custody. The Act was created by the National Conference of Commissioners on Uniform State Law so that they could keep things simple among the states and eliminate division in the area of divorce. Sometimes, separated spouses may live in different states. When the divorce laws are very different and maybe even conflict, it can create complications that cause the divorce case to drag on.

This Act tries to minimize those conflicts by setting federal standards for divorce. Most states have adopted portions of the Uniform Divorce and Marriage Act as their state laws. Under the UDMA, a court can grant financial maintenance to a spouse if the spouse cannot provide for his or her reasonable needs and can’t support his or herself through employment. Normally, mothers who gave up college in order to be a homemaker are awarded this type of maintenance, but fathers who provided homemaking services for the family can also be awarded this financial aid. The court will need to evaluate what needs are not being met, and will want to determine whether or not the divorce includes children who will need to be cared for. Sometimes, separate child support will be ordered so that the breadwinning spouse can pay for the dental, medical and educational costs of the children.

Also under the UDMA, the court can grant spousal maintenance for a period of time and in an amount that was deemed fair by the courts. This means that alimony payments can be permanent or temporary, depending on what the court sees fit. The UDMA determines that courts must consider the financial resources of the party seeking maintenance, and that party’s ability to make his or her own income. As well, the UDMA says that courts need to consider whether or not the party that is requesting alimony has the time or ability to further his or her education or work. The courts must also factor in the duration of the marriage and the age and physical condition of the spouse who is requesting support. Even the emotional condition of the spouse may weigh into the alimony decision.

The UDMA says that the courts must also look at the providing spouse’s ability to pay the alimony. For example, an unemployed ex-husband probably can’t provide adequate alimony for an unemployed ex-wife. The courts are not permitted to consider marital misconduct when determining whether or not spousal maintenance is necessary. For example, a court cannot determine that because a spouse cheated on her husband she doesn’t deserve alimony. That would be evaluating outside factors that are not included in the UDMA as factors for the decision.

The UDMA also helps to guide courts when it comes to modifying alimony. If the providing spouse has a drastic change in finances, such as a salary cut or winning the lottery, this might negatively or positively influence his alimony payments. As well, if a receiving spouse has a drastic change in finances, such as inheriting a grandparent’s fortune, then the providing spouse may be relieved of his or her duties.

The UDMA also expressly states that if either spouse remarries, alimony is terminated. If either spouse dies, the alimony relationship is terminated as well. If you have more questions about alimony in your divorce case then ask your lawyer. Don’t have one? You need a reliable and helpful attorney to help you with your case, so explore this directory to find someone near you! You’ll be thankful to have knowledgeable representation when you approach issues like alimony in your divorce process