No Right To Alimony
Alimony is merely a
statute. There is no common law right to alimony.
Alimony, as only a statue, is subject to constitutional
The 14th Amendment substantive due process clause Right of
encompasses a Privacy Protected Zone of "personal decisions
marriage." Divorce (dissolution of marriage) is a "personal
relating to marriage."
Carey v. Population Serv. Int'l., 431 U.S. 678, 684-685 (1977)
clear that among the decisions that an individual may make
unjustified government interference are personal decisions
Littlejohn v. Rose, 768 F. 2d 765, 768 (6th Cir. 1985)"such
as divorce and separation are naturally included within the
protection accorded to the right of privacy."
Therefore the alimony statute is encompassed within the umbra of
Amendment Right to Privacy.
A statute infringing a fundamental right or liberty interest
standard of strict scrutiny analysis.
"The Court has held that limitations on the right of privacy are
permissible only if they survive 'strict' constitutional
scrutiny - that
is, only if the governmental entity imposing the restriction can
demonstrate that the limitation is both necessary and narrowly
serve a compelling governmental interest. Griswold v.
U.S. 479, 485 (1965)." Planned Parenthood v. Casey 505 at 929.
The first step in strict scrutiny analysis is a presumption the
"It is well settled that . . . if a law 'impinges upon a
explicitly or implicitly secured by the Constitution [it] is
unconstitutional.'" Harris v. McRae, 448 U.S. 297, 312 (1980)
City of Mobile v. Bolden, 466 U.S. 55, 76 (1980))
Next, the state must prove a compelling state interest minimally
to rehabilitate the alimony statute.
"Requiring a State to demonstrate a compelling interest and show
has adopted the least restrictive means of achieving that
interest is the
most demanding test known to constitutional law." City of Boerne
521 U.S. 507, 534 (1997)
In fact, there simply is no "compelling" state interest for the
statute. Any interest offered as "compelling" can readily be