Spousal Support
Also known as: Alimony, Maintenance
Court-ordered payments from one ex-spouse to the other after divorce. Can be waived or limited by prenup in most US states — but not all.
Spousal support (called "alimony" historically, and "maintenance" in some states) is payment from one ex-spouse to the other intended to provide financial support after divorce. Courts award it based on factors including each spouse's earning capacity, length of marriage, contributions to the marriage, and standard of living during the marriage.
Most US states permit prenups to waive or limit spousal support, subject to limits — courts will not enforce a waiver that leaves a spouse unable to support themselves or eligible for public assistance. A few states are stricter: Iowa, New Mexico, and South Dakota refuse to enforce most prenup support waivers as a matter of public policy.
Related terms
- Unconscionability — A judicial doctrine that allows courts to refuse to enforce contracts that are shockingly unfair. The second pillar (with voluntariness) of prenup invalidation.
- Public Policy — A judicial doctrine that allows courts to refuse to enforce contracts that violate fundamental societal interests, even when the contract is otherwise valid.
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