This paper reconsiders the law of entitlement to spousal support by reviewing a history of ideas about spousal support, including compensatory and non-compensatory support, and the Spousal Support Advisory Guidelines. The author suggests that the outdated nature of today’s spousal support law requires an evaluation of the old ideas before moving forward while recognizing tensions between the “lay intuitions” of clients, theoretical articles by academics, court decisions by judges, and the practicalities of amount and duration.

This paper was presented at the 46th Annual Family Law Refresher in April of 2013.