When dissolution of a marriage is decreed, the court may order payment of such alimony
by one party to the other and division of property as may be reasonable, having regard
for the circumstances of the parties, duration of the marriage, a history of the contributions
to the marriage by each party, including contributions to the care and education of
the children, and interruption of personal careers or educational opportunities, and
the ability of the supported party to engage in gainful employment without interfering
with the interests of any minor children in the custody of such party. Reasonable security for payment may be required by the court. A proceeding to modify or revoke an order for alimony for good cause shall be commenced
by filing a complaint to modify. Service of process and other procedure shall comply with the requirements for a dissolution
action. Amounts accrued prior to the date of filing of the complaint to modify may not be
modified or revoked. A decree may not be modified to award alimony if alimony was not allowed in the original
decree dissolving a marriage. A decree may not be modified to award additional alimony if the entire amount of alimony
allowed in the original decree had accrued before the date of filing of the complaint
to modify. Except as otherwise agreed by the parties in writing or by order of the court, alimony
orders shall terminate upon the death of either party or the remarriage of the recipient.
While the criteria for reaching a reasonable division of property and a reasonable
award of alimony may overlap, the two serve different purposes and are to be considered
separately. The purpose of a property division is to distribute the marital assets equitably between
the parties. The purpose of alimony is to provide for the continued maintenance or support of one
party by the other when the relative economic circumstances and the other criteria
enumerated in this section make it appropriate.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.