Orr v. Orr 1979
| Author | Daniel Brannen, Richard Hanes, Elizabeth Shaw |
| Pages | 356-361 |
Page 356
Appellant: William H. Orr
Appellee: Lillian M. Orr
Appellant's Claim: That Alabama's alimony law requiring only husbands, not wives, to pay alimony violated the Equal Protection Clause of the Fourteenth Amendment.
Chief Lawyers for Appellant: John L. Capell III
Chief Lawyers for Appellee: W. F. Horsley
Justices for the Court: Harry A. Blackmun, William J. Brennan, Thurgood Marshall, John Paul Stevens, Potter Stewart, Byron R. White
Justices Dissenting: Chief Justice Warren E. Burger, Lewis F. Powell, Jr., William H. Rehnquist
Date of Decision: March 5, 1979
Decision: Ruled in favor of William Orr by agreeing that Alabama's alimony law fostered unconstitutional sex discrimination by requiring only husbands, not wives, to pay alimony.
Significance: The decision changed the way in which family court judges determine alimony payments during divorce proceedings. Both the husband's and wife's circumstances must be considered, rather than only the wife's situation, as before.
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"No longer is the female destined solely for the home and the rearing of the family, and only the male for the marketplace [employment] and the world of ideas [important decision-making roles]." Statement by the U.S. Supreme Court in Stanton v. Stanton (1975).
Alimony is regular payments of money that a family court judge determines one spouse (husband or wife) owes the other after divorce. The purpose of the payments is to make divorce more fair for the spouse who is most economically affected. Alimony is different from property settlements or child support. Alimony payments are not considered punishment by the courts.
In early English history, divorce between a married couple was not permitted. Unhappy married couples would often live apart with the husband still responsible for providing ongoing financial (money) support for the wife. As divorce became more acceptable through time, the traditional responsibility of the husband providing support continued. This monetary support became known as alimony.
Traditionally in America, husbands and wives took on certain set roles in the family that society expected of them. The wife was responsible for taking care of the home and raising the kids. College educations and professional careers were discouraged. The husband was expected to provide the primary source of income supporting the family. Some states wrote their alimony laws to match this expected family norm.
During proceedings divorce judges would often follow general state guidelines in determining the amount of financial support (alimony) needed by the wife, if any. The divorce judges exercised a great deal of flexibility to determine what was fair. If the ex-husband failed to make the alimony...
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