For those in long-term marriages in which one of the spouses has been out of the workforce, or makes substantially less money than the other spouse, the question of whether alimony should be paid is an important consideration. In some situations, it can be used to allow the lower-earning spouse to maintain the lifestyle that he or she had become accustomed to during the marriage.

Alimony may be particularly appropriate if one of the spouses sacrificed opportunities for education or career in order to invest time in the family. In addition, may appropriate when one spouse offered financial support for the other to seek an advanced degree that improved the couple's standard of living. Finally, if one spouse was primarily responsible for caring for the home and family, this is typically so that the other spouse can invest in his or her career. This is another example of when alimony may not only be appropriate but necessary to equalize the parties' financial situations after a divorce.

Simply dividing the marital property, rather than awarding alimony, may not be enough overcome the financial inequality of the divorcing parties, in many cases. Especially in the current economy, it can be very difficult, if not impossible, for those who have been out of the workforce to find a job. If one spouse simply cannot generate a livable income due to lack of education or experience, a simple division of property may even leave that spouse with assets that he or she cannot afford to maintain, such as valuable real estate or luxury cars.

Recently, several states have addressed the issue of alimony reform. These reforms are an attempt to update the law concerning amounts that should be paid to a substantially lower-earning spouse upon divorce.

Certainly, making the laws fair for both divorcing parties is a valuable effort, but some of the reforms may go too far, placing one or both of the divorcing parties at risk financially. Unfortunately, it may be that some of the reforms will be financially devastating for some divorcing individuals -- particularly older or retired people with little opportunity to change their circumstances.

Will Virginia be the next state to reform its alimony laws? The issue is on the table, so divorcing couples should keep an eye out for news. Discuss with your attorney whether it is in your best interest to negotiate an up-front lump sum alimony payment rather than standard alimony, in case alimony reform in the future could adversely affect your financial settlement in the future.

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