Research On The System Of Spousal Support In America

Since the21st century, there are unprecedented challenges in American familyfield, the divorce rate is soaring, and people pay more attention to the individual rightsafeguard, so the traditional spousal support system is applied widely and frequently.Marriage is a special association with two individuals, and marriage is so happy thatboth parties will do our best to engage in this great business. All things are risky,marriage is also not exceptional. Once there appear inharmonious in marriage,divorce is a kind of wise rational choice, and it is also an important reason thatmodern society adhere to the principles of divorce freedom. However, this doesn'tmean that the litigant could propose divorce at will without regarding consequences.It needs to provide the corresponding legal relief for one marital litigant if theireconomy and emotion suffer heavy loss due to divorce. At the same time, a kind ofefficient and sound divorce relief system has important significance to make up forthe damage caused by divorce. Spousal support system is a kind of divorce reliefmeasures, which is profound humanistic and ever new. Nowadays, many countrieshave established a divorce spousal support system, and the United States is the bestrepresentative. American is one of the countries which have specific provisions andcomprehensive application, spousal support system has a positive significance to thevulnerable spouse after divorce that gets rid of economic difficulties, realizesself-independence, and runs out of marriage failure and looks for new happiness assoon as possible. Spousal support system can not only reflect the protection and carefor the weak spouse, and realize the equity and justice in marriage relationship, butalso conform to the trend of the Time that the society will be more harmonious andcivilized.Our country family law has clearly defined the divorce relief system, includingdivorce economic help, divorce economic compensation and divorce remedyingcompensation. Although the name of our country's economical help system and that of the American spousal support system are different, they have the same relief idea.However, due to the exploitation conditions are different, and our country presentsocial security systems are not perfect, the system is almost eroded, and theapplication value in practice is not great, so many experts and scholars havesuggested rebuilding our spousal support system which can meet the needs of socialdevelopment, and meet the reasonable needs of divorce order.Therefore, this article makes a comprehensive study of the legislation andapplication of the spousal support, and then it makes an analysis on the positivesignificance and disadvantages of the American spousal support, and puts forwardsome suggestion measures to make our divorce relief system more perfect.This paper is divided into three parts, approximately2,8000words. The firstpart introduces simply the history of the spousal support, theoretical basis and valueorientation, which defines the research content and lays a foundation for the nextstudy of the spousal support. The spousal support itself has experienced a transitionfrom fault divorce to no fault divorce, and the theoretical basis and value orientationof spousal support also have changed a lot. There are four kinds of opinions about thenature of spousal support, one thinks it is a support to the spouse, one thinks it is amethod to share responsibility to the disadvantage consequence of divorce, onebelieves it is a compensation for marriage, and the author believes the nature ofspousal support system is the continuation of legal fosterers' obligations, and itembodies the unity of freedom and justice, personal interests and the interests of thecollective unification.The second part is the main part of this paper, mainly introduces the specific lawand application of rehabilitative spousal support and compensating spousal support inUnited States, and it focuses on the factors that the divorce court should considerwhen they make a judgment for the spousal support payment. We can have acomprehensive and clear understanding about the spousal support system; we canknow the advantages and disadvantages.The third part of the foothold puts forward some concrete measures to rebuildour divorce relief system by analyzing American spousal support system. I thinks thatour country should use the "the spousal support system" instead of the terms "divorce relief system ", which conforms to the international practice appellation. In the end, Iput forwards a set of relatively complete spousal support system, and I hope I canmake little contribution to make our marriage law more perfect.