The impact may affect both the
amount of alimony awarded, as well as the number of years alimony will be 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.
Imagine having to appear before a family court judge who took a very public position on the
award of alimony or the general credibility of persons alleging domestic abuse.
Changes to the individual and corporate tax rates could also affect planning and negotiation
of alimony in divorce proceedings.
A supporting spouse who commits adultery can expect that fact to greatly impact the size and
duration of any alimony award.
The repeal
of the alimony tax deduction is just one of many changes in tax law that may affect separated and divorcing couples, and unmarried couples with children.
Reading too fast, we thought
repeal of the alimony deduction took effect in 2018, but this change in the law is delayed until 2019.
In many cases, the parties will insert a clause in the property settlement agreement that will prevent any
modification of alimony even if there is a potential chance of circumstances in the future.
Although you and your spouse may agree on the
terms of an alimony request, a judge will ultimately have to review it for fairness before he or she can consider granting it.
Even if the court does find that there should be some type of modification, retirement, even at the age of 65, does not guarantee a total
termination of alimony.
Taking the family home in
lieu of alimony payments may seem like a good idea now, but real estate values could fluctuate.
The parties may also agree in a separation agreement that the tax deduction and the taxable income aspects
of alimony law shall not apply.
Learn more about how mediation can be used to make decisions about the payment
of alimony as part of a separation agreement.
However, voluntary retirement is also a basis for a modification
of alimony when the voluntary retirement is reasonable.
The
cancellation of alimony would not affect child support obligations since a parent has a duty to support a child irrespective of the other spouse's financial status.
The parties may also agree in a separation agreement that the tax deduction and the taxable income
aspects of alimony law shall not apply.
That way, if you passed away, your policy would protect them and your dependents from the
loss of alimony, child support or other financial assistance.
The court should evaluate each case separately on its own merits in deciding whether to award a
sum of alimony and its duration.
Depending on your individual circumstances, you may also be asked to provide
proof of alimony, child support, disability, bonuses, or any other income.
· If you are paying or receiving child support or alimony, a verified
copy of the alimony or child support agreement must be supplied.
If divorced or separated Complete executed divorce decree and settlement agreement Payment
history of alimony / child support over the past 12 months, if it is a financial obligation.
Terms calling for payment of a lump sum in lieu
of alimony at an increasing scale according to the length of the marriage are common.
Couples who do not wish to leave the
matter of alimony to the court may work with a child and spousal support lawyer to reach their own agreement about spousal support.
There are many factors that influence the amount and duration
of alimony received, which can be discussed with the attorney during your free initial consultation.
The
concept of alimony developed when most marriages followed the traditional pattern of a husband who worked outside the home and a wife who stayed home and took care of the household.
Each spouse's alimony rights depend on a state court's
review of the alimony factors included in state law.
The other parent is then ordered to pay a crushing amount of child support, sometimes on
top of alimony.
However, there are multiple factors that courts consider when determining whether one party is in
need of alimony.
The lawmakers in that state established stricter guidelines as to the
length of alimony payments, among other revisions.
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.
I can explain the different
types of alimony and answer any questions you may have during our mediation session.
Find out what a judge considers when determining the appropriate
amount of alimony one spouse must pay to the other.
Consumers experiencing hardship can ask a judge to modify the
terms of the alimony or child support agreement, but bankruptcy doesn't exempt the consumer from meeting these obligations.
Reading too fast, we thought
repeal of the alimony deduction took effect in 2018, but this change in the law is delayed until 2019.
A change of circumstances in either one party's ability to pay, or a recipient's need, may be justification for
modification of alimony.
The main factor a court considers when determining the amount and
duration of alimony is the value of each spouse's property after the marital assets are divided.
Both processes also allow for solutions that differ from what a court might be able to order - such as a lump sum payment in
lieu of alimony.