Alimony – Should Fault Be Considered?

There was a bit of a stir in the media this week when a Utah lawmaker proposed a bill that would give family court judges the authority to consider fault when deciding the issue of alimony in a divorce case. The news reports I have seen are unclear on whether this bill would modify the law to make it permissible for a judge to award alimony solely upon a finding of adultery by the payor spouse, or if it would simply allow the judge who has determined that a spouse is eligible to receive alimony to factor in the bad conduct in determining the amount and duration of the alimony award. Continue reading

Texas Alimony Not So Bad After All

For any of you who pay alimony under a Texas court order, just be glad you didn’t get divorced in Canada. Andrew Feldstein’s Family Law Blog had a very interesting (and from the perspective of an alimony payor, somewhat scary) post about a Canadian Court that modified post-divorce alimony upward (something that cannot happen under Texas law). Apparently, this can routinely happen in Ontario, the jurisdiction where Andrew practices.