Alimony: What Social Science and Popular Culture Tell Us About Women, Guilt, and Spousal Support After Divorce

Over the past few decades, fewer divorcing women have received alimony, and when alimony awards are made, they are in declining amounts and for shorter periods of time. Conventional explanations of this trend focus on legal changes that have made divorces easier to obtain, as well as social changes that have led to larger numbers of married women in the paid workforce, and to greater social tolerance of divorce. Certainly these changes partly explain the downward trend in alimony, but they do not fully explain why alimony awards continue to decline, even among women who do not have viable job skills at the time of divorce and who experience severe post-divorce financial hardship. This article looks to the women themselves and uses social science research to examine gender differences in emotional reactions to marriage and divorce. The article argues that women\u27s tendency to assume emotional responsibility for the success of the marriage and parenting, and in particular women’s greater susceptibility to feelings of guilt and shame about divorce and parenting, make it difficult for many women to successfully negotiate for alimony. Further, the article looks at women\u27s feelings and behaviors in negotiation situations, arguing that social pressures exacerbate the feelings of guilt over the divorce and lead women to accept unfavorable outcomes. Ultimately, this article concludes that the legal system may need to impose solutions, such as mandatory pre-nuptial agreements or alimony formulas, in order to achieve a degree of predictability and fairness in alimony outcomes

Res Judicata in the Divorce Courts as Affects the Modification of Alimony Awards

I. Divorce and Alimony … A. Considerations When Awarding Alimony … 1. Ability of Husband to Pay … 2. Needs of the Wife … 3. Duration of Marriage … 4. Guilt of Parties … B. Judicial Discretion II. Alimony Award Subsequent to Divorce Decree III. Modification of Alimony Awards … A. Statutes Governing … B. Considerations When Modifying an Alimony Decree … 1. Station in Life Rule … 2. Change in Financial Conditions or Circumstances … (a) Earning Capacity of Husband … (b) Increase or Reduction in Husband’s Income … (c) Unemployment of Husband … (d) Business Fluctuations … (e) Acquisition of Property … 3. Change in Needs of Parties … 4. Remarriage of the Parties … C. Alimony in Gross … [no D.] E. Res Judicata IV. Separation Agreements V. Conclusio

Bankruptcy Court Jurisdiction to Modify Alimony Payments of Chapter 13 Debtors

This article examines a bankruptcy court\u27s power to modify a chapter 13 debtor\u27s alimony payments. Part I discusses the bankruptcy court\u27s jurisdiction in chapter 13 cases and the connection between the chapter 13 case and alimony modification proceedings. It then outlines the domestic relations limitation and the resulting conflict between bankruptcy courts and state courts with respect to alimony modification. Part II analyzes various arguments for and against allowing bankruptcy courts to hear alimony modification requests in chapter 13 cases. This analysis reveals that any state interests are far outweighed by the substantial benefits to be gained from consolidating the alimony modification proceedings with the chapter 13 case in the bankruptcy court