A recent American Academy of Matrimonial Lawyers (AAML) survey found that more than four in 10 lawyers (45%) had seen an increase over the past three years in women being on the hook for alimony, aka spousal support or maintenance. Meanwhile, 54% said they’d seen a rise in mothers paying child support.
Decades ago, AAML president Madeline Marzano-Lesnevich told Moneyish, “it was almost traditionally the man who paid support, and the man who was earning a higher income -- and it was the woman in either a lesser-income job or she would be a stay-at-home mom,” typically meaning she would receive alimony when the couple divorced.
But women now occupy more higher-paying positions and make more money than they used to, Marzano-Lesnevich pointed out. “Now when they’re faced with divorce, if they’ve had a history in their marriage of their being the breadwinner … or the husband being the child care provider, these women are going to be faced with paying support. And many of them are very surprised when they learn that.”
Indeed, today’s mothers are the primary breadwinners in four out of 10 U.S. families, according to Pew Research. And though only 3% of the roughly 400,000 alimony recipients in 2010 were male, per Census data, the trend of spousal support awards from women to men is “definitely on the rise” as women’s earnings continue to increase, New York divorce lawyer James Sexton told Moneyish.
Women have been responsible for paying spousal support since 1979, when the U.S. Supreme Court ruled in a landmark decision that alimony should be gender-neutral. Many states over the years have shifted away from permanent spousal support -- lifelong payments until death or the spouse’s remarriage -- to alleviate the payer’s burden and catch up with the modern marriage.
“The concept behind maintenance has evolved,” Dilpreet Rai, a partner at the New York-based firm Hennessey and Bienstock LLP, told Moneyish. “Spousal support for a long duration is not as common as it (once was) … It goes to the idea that it’s about rehabilitation and getting someone back into the workforce, and making sure that they have time to get sufficient skills and training.”