Alimony is a legal term that refers to the financial support one person pays to their former spouse after a divorce or separation. It helps ensure that the less financially stable spouse can maintain their standard of living.
Full definition
Learn more about how mediation can be used to make decisions about the payment
of alimony as part of a separation agreement.
The final bill sent to the governor would create a formula for awarding
alimony payments.
If you paid
alimony in 2017 as part of a divorce or separate maintenance decree, you can deduct the amount you paid.
Most types of
alimony awards may be modified or terminated if there has been a substantial change in circumstances since the final judgment was originally ordered.
Failure to
pay alimony as ordered could expose you to contempt - of - court charges, and you can never be totally sure that you will prevail on your motion.
If you are a divorcing spouse with financial needs, you may make a request
for alimony as part of your divorce.
The divorce provided that the husband was to pay to the wife $ 500 each month for eight years
as alimony in gross.
The court will evaluate whether the person
receiving alimony payments has reduced his or her monthly living expenses by sharing those expenses with a new love interest by virtue of living together.
It not only considers adultery a ground for divorce, but it has passed special legislation to address adultery's effect
on alimony issues.
Most of my clients choose to do this out of court using mediation, collaborative practice or consulting to come up with a new
alimony order.
Starting in 2019, spousal maintenance or
alimony deduction will no longer be tax deductible.
When judges are thinking
about alimony payments, they look at the lifestyle of the couple.
Including alimony in your separation agreement can protect your rights if you disagree down the road.
The court will also look at the income of both spouses to determine
if alimony awarded.
Having
alimony taxed at the tax rate of the receiver saves money overall — it preserves resources for the family as a whole.
I have handled numerous
alimony issues in the past and I can put this experience to work for you if you choose to work with me.
Then, at the final divorce hearing, the court can order
permanent alimony if it is requested and necessary.
The owner suffers no detriment by paying
alimony from the rental income, so there is no double dip.
The parties may also agree in a separation agreement that the tax deduction and the taxable income aspects of
alimony law shall not apply.
However, voluntary retirement is also a basis for a modification of
alimony when the voluntary retirement is reasonable.
For instance, use the
term alimony instead of spousal support or spousal maintenance.
It might affect your property rights to real estate, retirement assets, investments, vehicles, tangible personal property, debts and
alimony obligations in the future.
There are many other factors used to
determine alimony awards, and your mediator will fully explain the law and your choices.
When reviewing
alimony cases, the court will review the conduct of both parties towards one another.
This subsection doesn't appear to change the criteria for
modifying alimony upon a supporting spouse's retirement.
In some situations, a court might award
temporary alimony payments as reimbursement to a spouse who supported the family while the other spouse got a degree to increase earning potential.
A vocal
alimony reform movement across the country has sparked significant changes in spousal support laws in some states.
Some attorneys emphasize special focus on issues
like alimony, mediation, child custody and other specific problem areas.
Often the non military spouse does not need
alimony at the time of the divorce, especially if that spouse can expect to receive a substantial portion of the veteran's military retirement.
An affordable
alimony attorney can represent clients in spousal support matters the same as an expensive attorney, especially during divorce or dissolution of marriage.
For example, maintenance, sometimes
called alimony, division of property, responsibility for debts or bills, child support, etc..
And before I go any further, let me remind you that this is just a general overview of the tax laws
regarding alimony.
Of course, if a divorcing couple wanted to
make alimony taxable to the spouse who paid it they could.
The changes to the tax code will require family law professionals to plan for more than just the new
alimony provisions, however.
A court will look at 20 factors to determine how to
calculate alimony payment amounts and how long those payments should continue.
I recently came across an article on
how alimony is awarded in different states.
The judge will determine the amount and duration of
alimony based on the same factors that would be considered if your divorce was not yet finalized.
The modification of spousal maintenance, however, may depend upon
whether alimony was awarded by a judge after a trial or was based upon an agreement of the parties.
This will
involve alimony in many cases, and appropriate child support, medical insurance and expense coverage, and daycare expenses and distribution of assets.
Option two leaves classification to a bankruptcy court without going back to divorce court and eliminates the ability of the court to
change alimony awards based upon future circumstances.
Most of the time, the court
grants alimony only if a divorce has a great economic impact on one spouse.
A judge has great discretion in deciding how
much alimony to award, or whether to award it at all.
However, you should be aware that personal bankruptcy doesn't usually
eliminate alimony, child support, taxes, fines, and certain student loan obligations.