There are several states around the nation that have passed alimony reform laws or are considering doing so. One of the biggest objections to current alimony laws in these states is permanent alimony.

A permanent alimony award continues throughout the lives of the divorced couple, unless the court allows the order to be modified for a significant change in circumstances, such as a lost job or the spouse receiving alimony remarries.

In California, most judges are hesitant to award permanent alimony. Instead, judges typically create spousal support awards for a definite period, which is often half the length of the marriage. Judges also consider a variety of factors when creating an alimony award.

Some of the factors judges consider include the length of the marriage, whether or not there are minor children, the earning capacity of both spouses, and the age and health of both spouses. Essentially, judges measure one spouse's need for support against the other's ability to pay.

So what is the point of alimony, anyway? As a recent article from Forbes pointed out, the purpose of alimony, also called spousal support, is for both spouses to maintain a lifestyle that is at least somewhat similar to the one maintained during the marriage.

In other words, if one spouse stayed at home with the kids for most of the marriage while the other spouse was the primary breadwinner, the spouse who stayed home will likely see a dramatic decrease in income after a divorce without alimony payments.

Alimony is especially common in long marriages where one spouse sacrificed his or her educational or career opportunities to invest time and efforts into the family. Like community property rules, alimony is intended to recognize the non-working spouse for the non-economic contributions he or she made to the marriage.

For more information on how alimony might apply in your divorce, talk to an experienced family law attorney.

Source: Forbes, "Alimony Reforms Continue to Create More Uncertainty for Divorcing Women," Jeff Landers, Jan. 18, 2012