Sentences with phrase «alimony provisions»

Fox Rothschild, LLP: Lifetime Alimony Provisions in Marital Property Settlement Agreements: Leslie Spoltore
You can go back to court to modify its custody, child support or alimony provisions, but property terms are usually set in stone.
He filed that motion, seeking to reopen both the equitable distribution and the alimony provisions of the Simmons» agreement.
Although the wording is somewhat different, both clauses implement the same solution: if tax reform should undermine the alimony provisions of a marital settlement agreement, the parties should re-negotiate their deal or submit the matter to dispute resolution.
The changes to the tax code will require family law professionals to plan for more than just the new alimony provisions, however.
The court will decide whether alimony provisions are unconscionable, however, by deciding whether they are unfair at the time of divorce.
He sought to reopen the alimony provision because even though the distribution of Husband's Social Security benefits were fashioned as «equitable distribution,» they were designed to provide ongoing support for Wife.
However, Massachusetts courts will not modify spousal support orders for changes of circumstance if the decree specifically states that the alimony provision is not modifiable.The remarriage of the spouse paying support is not a factor.

Not exact matches

[26] The bill's opponents were especially critical of provisions that expanded exemptions to the discharge of credit card debt, forcing spouses owed alimony to compete more often with credit card companies and other lenders for their unpaid child support.
Included in the agreement was a provision that the husband would pay $ 4,333.33 per month to the wife as alimony until the death of either party or the wife's remarriage.
It can also provide provisions for alimony / spousal support.
A settlement agreement's provisions regarding spousal support is always nonmodifiable if: (1) it is actually a disguised property division; (2) it is contractual lump sum alimony; (3) it is part of an integrated bargain.
However having a provision in any separation agreement that reserves alimony if the military spouse seeks disability (or increased disability) offers some protection.
Whether that means working to finalize a divorce or separation by the end of 2018 or considering the impacts of alimony payments on both parties in 2019 and beyond, family law professionals must keep these new provisions in mind.
Legal fees that were deductible for getting alimony are no longer deductible under this provision.
In addition to certain spending restraints, your separation order may also include provisions awarding child support, alimony, child custody, right to possess the marital home, health insurance coverage, and any other award the judge deems appropriate in your case.
Instead of dividing the military pension with an order complying with the Qualified Domestic Relations Order provisions, the husband agreed in an atypical Property Settlement Agreement to pay to wife one - half of of his monthly military pension as spousal support or alimony, without a separate court order or any election of survivor benefits.
Not only can they discuss the division of assets or debts and the provision of alimony / spousal maintenance, once a Postnuptial Agreement is executed it may be submitted to a Court to address immediate issues of child support and a parenting plan as part of an action unconnected to a divorce.
You may also incorporate a provision for alimony, sometimes referred to as spousal support, into your settlement agreement.
Depending on the particular circumstances, such decisions often involve residency and legal custody of children, visitation, geographic restrictions, child support, maintenance (alimony), equitable distribution of personal and real property, allocation of debts and liabilities, tax implications, and provision to resolve future disputes.
Provisions of a Separation Agreement may include the date of separation, child custody, visitation, child support, alimony, college contributions, use and possession of the family home, ultimate disposition of the family home, division of assets and liabilities, health insurance, life insurance, waiver of inheritance rights, attorney's fees and court costs.
For married couples seeking to end their marital unions in Pennsylvania, the law makes provisions for spousal support, commonly known as alimony.
Massachusetts divorce law, Chapter 208 of the Divorce General Provisions, states that alimony is not awarded if the requesting spouse receives other property in the divorce.
Because the new tax law includes a provision that gets rid of the tax break divorcees currently receive for paying alimony.
3) Alimony - Alimony in Pennsylvania, unlike child support and child custody, is not modifiable unless spouses have included provisions in their agreement for modification.
The final order will have provisions similar to those in a divorce decree, such as parenting responsibilities, alimony or maintenance, division of property, health insurance and retirement benefits.
Even if their agreement does not contain any modification provisions, because many mediation spouses remain amicable, they might still agree to modify an alimony payment if it is fair to do so.
If they have modification provisions to work with, sometimes there can be significant changes in the incomes of one or both parties, such that the alimony payment needs to be modified either upward or downward.
Alimony, maintenance or spousal support, or a provision for a waiver or property settlement instead of support (to the extent allowable by law)
Depending on the wording in your agreement, you might not be able to change the terms regarding alimony or property division, but custody and child support provisions can always be altered later if there's a change of circumstances.
Do you think the provision to kill the alimony deduction in the proposed Tax Cuts and Jobs Act will have a negative impact on the majority of your clients?
You do this by including a provision in your divorce or separation instrument that states the payments aren't deductible as alimony by you and are excludable from your spouse's income.
This section is captioned «Retention of jurisdiction as to alimony and custody of children,» and begins with the phrase «After the issuance of a decree of divorce...» This language seems to create a gap between this section and the pendente lite custody available under section 16 - 911, unless the custody decree was originally conceived by the D.C. Council to be a separate order that would follow the divorce award, thus making section 16 - 914 the permanent custody provision.
If you and your spouse agree on alimony, you can include a provision for it in your separation agreement.
You and your spouse do not have to follow any set guidelines when it comes to making provisions for alimony and the division of your debts and assets.
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