The courts will no longer award alimony payments based on gender. Thanks to the Uniform Marriage and Divorce Act of 1970, the court is not allowed to award or deny alimony in divorce cases based on gender. In a divorce, alimony cannot be awarded to a woman simply because she is female.
In previous years, women were usually granted alimony because of their low earning potential. As women have become more successful, their chances of being awarded alimony in divorce cases lessened. Men now have, and use, the right to seek alimony payments from their wives. However, no matter what the circumstances are of the divorce, alimony payments are much less likely to be sought by men.
Health factors into whether a person will be allowed to receive alimony payments, and has a very large effect on divorce cases and alimony. If a spouse is in poor health, their job opportunities and future earning potential are considered limited. The worse their health is, the more likely they are to be entitled to alimony payments. Poor health can show the inability of a spouse to support themselves after a divorce. Alimony may be granted to the spouse with health problems on a permanent basis. This serves to ensure they are not left destitute.
After divorce cases are finalized, a person’s health problems can still modify an existing alimony arrangement. If an individual’s health problems were not known at the time that the original alimony agreement was made, then it is possible that the alimony payments may be adjusted. The same goes for an individual paying alimony. When completing a divorce, alimony needs are calculated in a number of ways. If the one paying alimony develops health problems that affect their ability to pay, they can try to lower or stop the alimony payments. The burden of proof rests on the individual seeking to change the alimony arrangement.