Alimony, rooted in the Latin word “alimonia,” and meaning nourishment or sustenance, is also known as spousal support or maintenance.
The history of Alimony is fascinating and dates far back to the 1750’s BC when it first appeared in the Code of Hammurabi, which stated in pertinent part that a man must support a women who bore his children so she could raise them on her own. It was also found in the Code of Justinian in the 500’s AD. Much later, the Ecclesiastical Court – a court adherent to religious and spiritual notions – developed a more modern version of Alimony and a continued duty to support a spouse, because, in the eyes of the Church, the divorce was a mensa et thoro. A Latin term meaning the spouses were separated but the marriage was not dissolved; much like a Legal Separation today.
In the 17th century, marriages started to be dissolved but one could only get divorced if they could prove fault.
In Connecticut, prior to 1877, women had no legal identity. Their identity was either found through their father or merged with their husband upon marriage. Through the Married Woman’s Act of 1877, the Connecticut Legislature created a legal identity for a married woman separate and apart from her husband, and, therefore, she was able to seek a divorce and claim Alimony. Some say this is how alimony became to fault in dissolution actions.
First legalized in California in the late 1960’s, it wasn’t until the 1973 that No Fault Divorce became an option in Connecticut. Since then one can get divorced for any reason and simply state that the marriage has broken down irretrievably with no hope of reconciliation.
There is, however, still a duty to support.
Years ago, I bought a bunch of old law books from a colleague who retired. Among the tomes was a copy of the Fifth Edition of Black’s Law Dictionary. It was published in 1979 (the year I was born, ahem) and defined Alimony as “support of the wife by her divorced husband.”
Later in 1979, the U.S. Supreme Court issued the decision in the case of Orr v. Orr, 440 U.S. 268, in which the Court held “unconstitutional a statute that imposed alimony obligations on the husband only.”
Black’s Law Dictionary is now in its 12th Edition and Black’s has also published a helpful Handbook of Family Law Terms which provides an updated gender-neutral definition that is not spouse-specific.
Upon dissolution of marriage, a couple can negotiate a settlement to include a form of Alimony or, if the couple cannot reach an agreement, a Judge, with broad discretion, will decide an award of Alimony.
The general rule of thumb is that alimony is used to equalize income and often results in a term of half the length of the marriage. While that may be a good starting point, it is not always the outcome.
Unlike Child Support, there is no guideline or mathematical equation to arrive at an amount or term of alimony.
Instead, it is based on a case-by-case analysis, and Judges rely on the enumerated factors found in the Connecticut General Statutes Section 46b-82: “the length of the marriage, the causes for the annulment, dissolution of the marriage or legal separation, the age, health, station, occupation, amount and sources of income, earning capacity, vocational skills, education, employability, estate and needs of each of the parties and the award, if any, which the court may make pursuant to section 46b-81, and, in the case of a parent to whom the custody of minor children has been awarded, the desirability and feasibility of such parent’s securing employment.”
Once Alimony is established and ordered by Agreement or as a result of a Trial, it may be modifiable by returning to Court and proving a substantial change in circumstances. If the orders are willfully and intentionally not followed, the disobeying party may be held in contempt of Court.
The Statute also states that a Court can order a party to obtain life insurance to secure the payment of Alimony.
If a party does not request alimony at the final hearing before the marriage is dissolved, or in an Agreement that is made an order of the Court, that party cannot ever go back to any court in the land and ask for Alimony.
The latest development with regard to Alimony came out of the federal Tax Cuts and Jobs Act (TCJA) of 2017, when it changed the way alimony was taxed by the Internal Revenue Service. The TCJA provided that after January 1, 2019, alimony could no longer be a deduction for the payer, nor was it taxable income to the recipient. According to, Joshua Dickinson, a local CPA and Orange resident, the Connecticut Department of Revenue Services follows this Federal Law.
Domestic Support Orders such as Alimony are not dischargeable in Bankruptcy.
If you are thinking about getting a divorce, please consult with a local attorney to understand your specific legal rights and duties.