ORR V. ORR
440 U.S. 268 (1979)
NATURE OF THE CASE: This is a dispute over the constitutionality of Alabama alimony
statutes, which provide that husbands, but not wives, may be required to pay alimony upon
divorce.
FACTS: A divorce decree directed appellant, Mr. Orr (H), to pay appellee, Mrs. Orr (W),
$1,240 per month in alimony. Subsequently W initiated a contempt proceeding alleging that H
was in arrears in his alimony payments. H submitted a defense a motion requesting that
Alabama's alimony statutes be declared unconstitutional because they authorize courts to
place an obligation of alimony upon husbands, but never upon wives. The Circuit Court denied
H's motion and entered judgment against him for back alimony and attorney fees. H appealed
the judgment. The Court of Civil Appeals of Alabama sustained the constitutionality of the
Alabama statutes. The Supreme Court of Alabama granted H's petition for a writ of certiorari
but without court opinion, quashed the writ as improvidently granted. The Supreme Court
granted certiorari.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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