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The Herald, March 7, 1979
NEW YORK. – Men have as much right to alimony as women, the US Supreme Court ruled yesterday.
The court’s 6-3 decision struck down an Alabama law restricting alimony to wives. The decision probably will have a similar impact on wives-only alimony laws in 12 other states.
The ruling is regarded as a victory for sexual equality, but not necessarily for women’s rights.
One theory behind laws restricting alimony to wives only is that they are more likely to be in financial need than husbands as a consequence of divorce.
Presumably, states could respond to the ruling by wiping out alimony for either spouse rather than extending their alimony laws to protect husbands, too. That approach, however, probably would be very risky politically.
The new decision came in a test case filed by a man now living in California, who was required by a divorce decree to pay his former wife US$1 240 monthly.
He challenged the Alabama alimony law, claiming that it was a form of unconstitutional sex discrimination.
The Supreme Court agreed with him yesterday, commenting that “there is no question, but that he bears a burden he would not bear were he female”.
The court said that the Alabama law was based on outmoded notions about the role of females in American society.
While conceding that states had a legitimate purpose to “provide help for needy spouses”, the court said they may not use “sex as a proxy for need”.
Now it will be possible in each divorce case to decide if either spouse is in financial need after divorce, and to award financial payments on that basis.
LESSONS FOR TODAY
Alimony – popularly known as “maintenance”, is financial support that a person is ordered by a court to pay to their spouse during separation and/or following divorce.
Traditionally, alimony has been paid to women, but as more women come into their own, there has been a gradual shift by the courts, which are now considering awarding maintenance in favour of the husband.
While alimony is essential, in most cases, especially where the wife remains with minor children after separation or divorce, it is critical that the facility should not be abused to fix the other party.
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