In Re the Marriage of Williams

The question is whether the parties’ conduct with respect to each other — -not merely “fault” for the marital breakdown — may be considered as one factor on the issue of fair and equitable alimony. (“Alimony” is used here in the broad sense to include both property division and monetary payments.)

The question may be brought into focus by two rather extreme but not rare examples, in which all factors are equal except the parties’ conduct. In one, the husband in frequent fits of rage visits violent physical abuse on his blameless wife and children, eventually driving them from the home by his…