Charts 2022: Family Law in the Fifty States, D.C., and Puerto Rico

• Pages: 327-404

327

Charts 2022:

Family Law in the Fifty States,

D.C., and Puerto Rico

Family Law Quarterly, Volume 56, Number 4Charts 2022 328

Key to Chart 1: Divorce and Alimony/Maintenance Statutes in 2022

Denitions of the terms used in Chart 1 are provided below. The term “alimony” refers to post-divorce payments from one spouse to another that are based on income and distinct from

any property division award. Some states use the term “spousal support,” “maintenance,” or something else. The information in this chart is based primarily on the text of the state

statutes (as opposed to case law). Citations are included in the “Statutes” column. For information about the chart’s development and secondary sources consulted, please see the Family

Law Quarterly Charts 2022 Introduction and Bibliography.

“No-Fault” Divorce Only

All states allow for some form of

“no-fault” divorce. The question of

whether fault may be considered for grant-

ing a divorce is a separate question from

whether a party’s conduct may be consid-

ered when awarding alimony or dividing

property.

A “Yes” in this column means that the

only grounds for divorce in the state’s laws

are “no-fault” grounds such as irrecon-

cilable differences or irretrievable break-

down of the marriage (or, in some states,

incapacity).

A “No” in this column means that the

state also permits a party to assert “fault”

grounds for divorce, such as adultery or

cruel and inhuman treatment.

Durational Residency Requirements

This column includes the length of time

each state requires one of the parties to

be a resident before divorce papers can

be led in the state. In some states, the

length of time may vary depending on the

circumstances.

Some states have exceptions to res-

idency requirements for parties whose

marriage in the state is not recognized by

the state where they are domiciled. These

exceptions are not addressed in the chart.

Alimony: Fault or Non-Economic Con-

duct Considered

Some state alimony statutes provide for

consideration of marital fault, and/or con-

duct by a party that is not limited to eco-

nomic misconduct such as dissipation of

assets. Examples of non-economic conduct

include domestic violence and adultery.

A “Yes” in this column means that the

state’s statute specically provides for con-

sideration of fault or non-economic con-

duct when determining whether to award

alimony and/or the amount.

A “No” in this column means either

that the state’s law states that misconduct

should not be considered, or that the state’s

law does not mention fault or non-eco-

nomic conduct as a factor to consider.

Alimony: Statutory Guideline Formula

for Determining Amount

A “Yes” in this column means that the

state’s statute includes a mathematical for-

mula for calculating the amount of alimony

or maintenance (similar to child support

guidelines). Several states have adopted

guideline formulas, but both the formulas

and the weight they are given vary by state.

Some states also have guidelines for calcu-

lating duration, but these guidelines are not

referenced in the chart.

A “No” in this column means that

the statute does not include a guideline

formula.

Notes: This column provides further detail about some of the statutes listed in the chart. Asterisks (*, **, or ***) show which statute(s) and which column relate to the information provided.

This column also includes discussion of some 2022 legislation that amended the statutes in the chart. Discussion of 2022 amendments is highlighted.

Family Law Quarterly, Volume 56, Number 4Charts 2022 329

Statutes

“No-Fault”

Divorce

Only

Durational

Residency

Requirements

Alimony:

Fault or Non-

Economic

Conduct

Considered

Alimony:

Statutory

Guideline

Formula for

Determining

Amount

Notes

Changes based on 2022 legislation are shaded.

Alabama

ala. Code§§ 30-2-1, 30-2-5,

30-2-51, 30-2-52*, 30-2-57*

No6 monthsYes*No*“Misconduct” of a spouse may be considered when determining whether to

award alimony or the amount. Statutory factors considered for rehabilitative or

periodic alimony include “[t]he relative fault of the parties for the breakdown of

the marriage” and “[a]ll actual damages and judgments from conduct resulting

in criminal conviction of either spouse in which the other spouse or child of the

marriage was the victim.”

Alaska

alaSKa Stat. §§ 25.24.010,

25.24.050, 25.24.090,

25.24.160*, 25.24.200

No Unspecied Yes*No*Although maintenance may be awarded “without regard to which of the parties is in

fault,” statutory factors considered include “the conduct of the parties.”

Arizona

ariz. rev. Stat. §§ 25-312*,

25-313, 25-319***/****, 25-

903**

No*/**90 daysYes***Yes*****2022 amendments addressed procedures for dissolution of marriage.

**Although divorce is generally for an “irretrievably broken” marriage, Arizona

recognizes covenant marriages with different grounds for divorce, which can be

found at § 25-903.

***Although “[a] maintenance order shall be made without regard to marital

misconduct,” statutory factors for developing maintenance guidelines and “criteria

for deviation from the guidelines” include “[a]ll actual damages and judgments

from conduct that resulted in criminal conviction of either spouse in which the other

spouse or a child was the victim.”

****2022 amendments required that the Arizona Supreme Court “establish

guidelines for determining and awarding spousal maintenance,” and provided

that “[t]he amount of spousal maintenance resulting from the application of the

guidelines shall be the amount of spousal maintenance ordered by the court, unless

the court nds in writing that applying the guidelines would be inappropriate or

unjust.”

Arkansas

arK. Code ann. §§ 9-11-808*,

9-12-301*, 9-12-307, 9-12-312

No*60 daysNoNo*Arkansas also recognizes covenant marriages, with grounds for divorce that can be

found at § 9-11-808.

California

Cal. Fam. Code

§§ 2310, 2311, 2320, 4320*,

4324**, 4324.5**, 4325**

Yes 6 monthsYes*/**No*Statutory factors include “[a]ll documented evidence of any history of domestic

violence . . . between the parties or perpetrated by either party against either party’s

child. . . .”

**Certain felony convictions may result in a bar to spousal support being paid by the

injured spouse, and certain misdemeanor convictions may result in a presumption

against spousal support being paid by the injured spouse.

Chart 1: Divorce and Alimony/Maintenance Statutes in 2022