civil-procedure divorce
Why in divorces is it so much more common for alimony to be awarded to the woman than the man?
<p>In my understanding the reasons why one has to pay alimony to the other are something like during the marriage one had a job and the other one stayed at home to care for children and housekeeping and such, so after the divorce the latter ends up without an income which is not fair.</p>

<p>This probably explains why (and IMO justifies that) it's much more often the man who is sentenced to pay the woman than the other way around.</p>

<p>But if this is actually the reason, then the ratio of divorced men paying the ex wife versus divorced women paying the ex husband should more or less reflect the ratio of employed men to employed women.  E.g., if every 100 persons having a job 70 are men and 30 are women, I would expect that every 100 divorces where one is sentenced to pay alimony to the other there were approximately 30 where the woman has to pay the man, while I really think the actual number is enormously smaller in reality (and if someone can cite some reliable numbers about this ratio it would be great).</p>

<p>So what are the legal criteria to decide who pays alimony to whom?</p>

<p>ADDED: Let's focus on USA but answers / comments related to other jurisdictions would still be of interest.</p>

<p>ADDED: I found <a href="http://www.forbes.com/sites/emmajohnson/2014/11/20/why-do-so-few-men-get-alimony/" rel="nofollow">this Forbes article</a> that <em>appears</em> to mention official, reliable numbers.</p>

<blockquote>
  <p>the ratio of divorced men paying the ex wife versus divorced women
  paying the ex husband should more or less reflect the ratio of
  employed men vs. employed women</p>
</blockquote>

<p>Not necessarily. Some states (NC for example) look at more than just the work scenario that you propose. From <a href="http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_50/GS_50-16.3A.html" rel="nofollow">§ 50-16.3A</a>:</p>

<blockquote>
  <p>(1)        The marital misconduct of either of the spouses. Nothing
  herein shall prevent a court from considering incidents of post
  date-of-separation marital misconduct as corroborating evidence
  supporting other evidence that marital misconduct occurred during the
  marriage and prior to date of separation;</p>
  
  <p>(2)        The relative earnings and earning capacities of the
  spouses;</p>
  
  <p>(3)        The ages and the physical, mental, and emotional conditions
  of the spouses;</p>
  
  <p>(4)        The amount and sources of earned and unearned income of
  both spouses, including, but not limited to, earnings, dividends, and
  benefits such as medical, retirement, insurance, social security, or
  others;</p>
  
  <p>(5)        The duration of the marriage;</p>
  
  <p>(6)        The contribution by one spouse to the education, training,
  or increased earning power of the other spouse;</p>
  
  <p>(7)        The extent to which the earning power, expenses, or
  financial obligations of a spouse will be affected by reason of
  serving as the custodian of a minor child;</p>
  
  <p>(8)        The standard of living of the spouses established during
  the marriage;</p>
  
  <p>(9)        The relative education of the spouses and the time
  necessary to acquire sufficient education or training to enable the
  spouse seeking alimony to find employment to meet his or her
  reasonable economic needs;</p>
  
  <p>(10)      The relative assets and liabilities of the spouses and the
  relative debt service requirements of the spouses, including legal
  obligations of support;</p>
  
  <p>(11)      The property brought to the marriage by either spouse;</p>
  
  <p>(12)      The contribution of a spouse as homemaker;</p>
  
  <p>(13)      The relative needs of the spouses;</p>
  
  <p>(14)      The federal, State, and local tax ramifications of the
  alimony award;</p>
  
  <p>(15)      Any other factor relating to the economic circumstances of
  the parties that the court finds to be just and proper.</p>
  
  <p>(16)      The fact that income received by either party was previously
  considered by the court in determining the value of a marital or
  divisible asset in an equitable distribution of the parties' marital
  or divisible property.</p>
</blockquote>

<p>Take a look at <a href="http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_50/GS_50-16.1A.html" rel="nofollow">§ 50-16.1A</a> also, where they define Marital Misconduct. Some may be of the opinion that alimony in NC is partly about punishment.</p>

<blockquote>
  <p>(3)        "Marital misconduct" means any of the following acts that
  occur during the marriage and prior to or on the date of separation:</p>
  
  <p>a.         Illicit sexual behavior. For the purpose of this section,
  illicit sexual behavior means acts of sexual or deviate sexual
  intercourse, deviate sexual acts, or sexual acts defined in G.S.
  14-27.1(4), voluntarily engaged in by a spouse with someone other than
  the other spouse;</p>
  
  <p>b.         Involuntary separation of the spouses in consequence of a
  criminal act committed prior to the proceeding in which alimony is
  sought;</p>
  
  <p>c.         Abandonment of the other spouse;</p>
  
  <p>d.         Malicious turning out-of-doors of the other spouse;</p>
  
  <p>e.         Cruel or barbarous treatment endangering the life of the
  other spouse;</p>
  
  <p>f.          Indignities rendering the condition of the other spouse
  intolerable and life burdensome;</p>
  
  <p>g.         Reckless spending of the income of either party, or the
  destruction, waste, diversion, or concealment of assets;</p>
  
  <p>h.         Excessive use of alcohol or drugs so as to render the
  condition of the other spouse intolerable and life burdensome;</p>
  
  <p>i.          Willful failure to provide necessary subsistence according
  to one's means and condition so as to render the condition of the
  other spouse intolerable and life burdensome.</p>
</blockquote>

<p>The reason that more woman get alimony  than the men is a sociological, more than a legal phenomenon. Despite the fact that it's 2015, there is still a gap between men and women when it comes to earnings. Further, in families where it is financially possible, many more women are homemakers than men (raising the children, keeping the home, etc). </p>

<p>When alimony is available, the court will look at these issues and make the party that would suffer a downward departure is standard of living whole; meaning that the person who makes more will be required to pay. Obviously, that is not the only analysis. The answer above lays out "at fault" criteria, which is somewhat retributive. This is especially so when marital assets are abused. However, the reasons I stated make up the bulk of why men tend to be the payor rather than payee as many more states are no "no fault" states. Financial or physical abuse can still be taken into account, but it is only one factor. In this day and age, alimony is typically rehabilitate only, until you are talking about 20 plus year marriages. There is typically a tier system in those cases.</p>
