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More modern terms include 'maintenance' and 'spousal support.' Payments are tax deductible to the payor and includable in the payee's taxable income. A trust fund established to pay alimony; rarely used; extremely expensive means of paying alimony involving complex gift and income tax analyses. an out-of-court settlement process; arbitration, mediation, negotiation or collaborative law. Some states mandate ADR for divorcing parties, although parties maintain the right to have a judge decide their case. Hence, settlement agreements may be called separation agreements or marital settlement agreements, never divorce agreements. See gov/ebsa/faqs/faq_American Law Institute (ALI). Established in 1923 to address the complexities and uncertainty of law around the United States; collaborates with the National Conference of Commissioners on Uniform State Law (NCCUSL); publishes Restatements of the Law and Model Codes, including Principles of the Law of Family Dissolution. Where a marriage was never legally consummated, for instance if one party was already married, the marriage is said to be 'void,' or a 'nullity,' i.e., it never existed.
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Similarly situated parties are treated dissimilarly when the only difference is gender. If parties settle, they may present their written settlement agreement to a judge who rules on its fairness and grants a divorce. In contrast, a 'voidable' marriage is valid unless, or until, annulled.
Most courts are sympathetic to women, especially in long-term marriages or when the husband has a high income or greater resources. Grounds for annulling a 'voidable' marriage include serious fraud or a party's legal incompetence at the time of marriage.