As part of the U.S. Congress» drive to reform the tax system, one issue that kept on arising was
whether the alimony tax deduction would be repealed.
In the extremely narrow class of such cases where a spouse's conduct rises to the level of egregious fault, fault can be considered by the judge at trial, not in calculating an alimony award, but in the initial determination of
whether alimony should be allowed at all.
In this agreement, you and your spouse will outline how your marital property will be split;
whether alimony will be paid, including the amount and duration; and if you have children, the custody arrangement and child support obligation.
Determine
whether alimony (spousal support) or child support is warranted.
When deciding on the appropriate split, the court evaluates several factors, including how long the marriage lasted, spouse age, health and income, and
whether alimony has been awarded.
The lawyer handling the divorce may be able to negotiate a realistic resolution to
whether alimony will be paid or received.
Prenuptial agreements may determine which property and debts should be divided upon divorce, which property should be excluded, which property should be excluded from the probate estate when one of the spouses dies,
whether alimony should be paid upon divorce or separation and if so, how much and how long.
For that reason, a judge will consider
whether alimony should be awarded based on some or all of the following factors:
The court will decide
whether alimony provisions are unconscionable, however, by deciding whether they are unfair at the time of divorce.
In making a determination of
whether alimony is warranted, how much should be awarded and for how long, the court will apply several factors to each of the parties, such as:
If your divorce proceeds to trial, a judge will be asked to divide assets and liabilities, determine
whether alimony is appropriate, dictate a parenting plan to determine how and when a child will spend time with each parent, calculate child support, dissolve the bonds of marriage, and make other personal and private decisions.
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.
Does length of marriage affect the amount of alimony,
whether the alimony should be rehabilitative or permanent, or both?
Not exact matches
The biggest sticking point often relates to when the marriage began, which can dictate how assets are divided and
whether a spouse receives
alimony (also known as spousal support).
Can anyone comment on
whether this is a reasonable interpretation of the meaning of «
alimony,» and / or explain how the IRS might view it if the
alimony - paying spouse submitted a tax return as «Married Filing Singly» reporting the
alimony paid as a deduction from taxable income?
Likewise, creditors can't discriminate based on
whether the applicant receives funds from the government such as welfare, social security, VA benefits,
alimony and more.
Whether you're an employee, self - employed, or receive regular income from another source like
alimony or child support, retain bank statements, copies of checks and tax returns.
Deductions for
alimony or student - loan interest that you've paid, as well as job - related moving expenses, medical insurance for the self - employed, and penalties for early savings withdrawal are all available to you, as are the new college tuition deduction and deductions for self - employment taxes — regardless of
whether you itemize your deductions or not.
A creditor may consider
whether income is steady and reliable, so be prepared to show that you can count on uninterrupted income — particularly if the source is
alimony payments or part - time wages.
The adjustments — sometimes called above - the - line deductions because you can claim them
whether or not you itemize deductions — include (among other things) deductible contributions to Individual Retirement Accounts (IRAs), SIMPLE and Keogh plans, contributions to Health Savings Accounts (HSAs), job - related moving expenses, any penalty paid on early withdrawal of savings, the deduction for 50 percent of the self - employment tax paid by self - employed taxpayers,
alimony payments, up to $ 2,500 of interest on higher education loans and certain qualifying college costs.
Instead, we hold that voluntary retirement at a customary age is simply one factor, albeit an important one, to be considered by the judge in deciding
whether to modify the
alimony obligation set forth in a divorce judgment.»
A spouse may be awarded
alimony after the court considers factors like the financial status of both spouses,
whether the parties are able to support themselves, the time and expense necessary for either spouse to receive job or educational training, and the standard of living and duration of the marriage.
You should read our article regarding the Van Dyke v. Steinle case on
whether a former spouse who receives
alimony from her former husband and later moves in with a love interest constitutes a basis to modify
alimony in Arizona or watch the following video that explains that case.
Whether you are the party who may be paying
alimony or you are thinking about requesting it, you need an experienced Jersey City divorce lawyer on your side.
An Ohio family lawyer also can discuss with you what to expect if you need to divide assets or debts from your marriage,
whether you might be able to get
alimony or child support payments, and the process for determining custody of your children.
For spousal support, mental health issues come into consideration in Virginia in terms of
whether they impact the ability of the party requesting
alimony to work or the limitations on the higher earning spouses work.
Aside from property and assets, prenups can also be used to decide
whether the other spouse will be awarded
alimony in the event of a divorce.
The Arizona Court of Appeals concluded the trial judge did not make a determination regarding
whether to award spousal maintenance the amount of the
alimony award.
During your free initial consultation, the attorneys at Southpark Family Law can discuss with you
whether you may be entitled to receive or obligated to pay Post Separation Support or
Alimony in North Carolina and work with you to ensure your financial peace of mind.
Maybe I'm cynical, but when the December 2014 roster listed Ricigliano v. Ricigliano as a case in which the issue was
whether the family court erred in failing to award a husband permanent periodic
alimony I figured the South Carolina appellate courts had finally found a case in which they would approve an award of rehabilitative
alimony.
In Virginia, the court will look at how much of the marital property went to each spouse before deciding
whether and how much
alimony is appropriate.
Age, health, income and earning capacity are already codified factors for setting or modifying
alimony and «
whether retirement was contemplated when
alimony was awarded» goes to
whether retirement was an anticipated change of circumstance when
alimony was previously set.
It will be interesting to see how the family court applies this subsection but this new subsection doesn't limit the family court's discretion on
whether and how much to modify
alimony when the supporting spouse retires.
A knowledgeable
alimony attorney can advise you
whether your circumstances merit a modification or cancellation of
alimony.
In many situations, it is less costly for the two parties in a divorce to come to an
alimony arrangement on their own,
whether through a mediator or their respective attorneys.
We therefore hold the record is insufficient for this court to make findings of fact as to
whether any part of the temporary
alimony paid should be offset against Wife's share of the marital estate.
More than any other factors, in my view at least, these two should guide a judge's decision in
whether or not to award
alimony.
Probably the primary considerations in
whether a court will award
alimony is the length of the marriage and the earning capacity of the spouse seeking
alimony.
Alimony and taxes go hand in hand, and you should understand the implications, whether you are receiving or paying a
Alimony and taxes go hand in hand, and you should understand the implications,
whether you are receiving or paying
alimonyalimony.
Whether you are looking to modify a court order for custody, visitation, child support or
alimony, I can work with you to pursue these modifications that you currently comply with.
Alimony,
whether you are the paying spouse or the receiving spouse, is a big part of post-divorce financial planning for many Kentuckians.
Whether your income has substantially increased, your former spouse's income has substantially decreased, your former spouse is engaged in a supportive relationship, or there has been some other change, we can help you determine whether to seek a modification or termination of an alimony
Whether your income has substantially increased, your former spouse's income has substantially decreased, your former spouse is engaged in a supportive relationship, or there has been some other change, we can help you determine
whether to seek a modification or termination of an alimony
whether to seek a modification or termination of an
alimony award.
You want to know how to protect your financial interests and
whether you, or your soon - to - be former spouse, are entitled to
alimony (also known as spousal support).
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.
You can deduct
alimony on your return regardless of
whether or not you itemize deductions on your tax return.
Whether it's custody agreements, division of property, or
alimony payments, the process can be very complicated.
On December 15, 2010, the Attorney General of Quebec, Jean - Marc Fournier announced that the Quebec government has decided to appeal to the Supreme Court of Canada the Eric v. Lola case to determine
whether common law partners should have the right to claim
alimony after a breakup.
In determining
whether a spouse should receive
alimony, the court must focus on a list of 17 factors promulgated in the divorce code.
When Your Ex Doesn't Pay Support As Required When spousal maintenance (aka
Alimony) is awarded,
whether through settlement or at trial, most clients believe they can close the book on that particular chapter of their case.
Whether you need to pay child support,
alimony or simply pay for a marriage license, the clerk of courts in Jefferson County is the office you need.