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When she has brought up her children, a portion of all that is given to the children, equal as that of one son, shall be given to her. The modern concept of alimony is derived from English ecclesiastical courts that awarded alimony in cases of separation and divorce.

Unless the parties agree on the terms of their divorce in a binding written instrument, the court will make a determination based on the legal argument and the testimony submitted by both parties.In some states such as New York, educational degrees earned during the marriage may be considered marital property. states where fault is recognized, fault can significantly affect alimony, increasing, reducing or even nullifying it. No-fault divorce spares the spouses the acrimony of the 'fault' processes, and closes the eyes of the court to any and all improper spousal behavior.In such states, a resolution of the divorce will often entail payment from the educated spouse to the other spouse a share of their expected future earnings that are due to a degree they earned during the marriage, Generally, alimony lasts for a term or period. states do not recognize separation or legal separation. states that recognize a right of the spouses to live 'according to the means to which they have become accustomed', alimony attempts to adjust the incomes of the spouses so that they are able to approximate, as best possible, their prior lifestyle. In Georgia, however, a person who has an affair that causes the divorce is not entitled to alimony.Liberalization of divorce laws occurred in the 19th century, but divorce was only possible in cases of marital misconduct.As a result, the requirement to pay alimony became linked to the concept of fault in the divorce.

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