The Basics of Alimony

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Clement Law

New York, NY


The divorce process is certainly difficult for everyone involved. Although time consuming and emotionally distressing, certain parts of divorce are surprisingly useful in the long run. Contrary to popular belief, alimony is just one of these, and its particular benefits might be most apparent when it comes to taxes.

Alimony (also known in many regions as Maintenance) is much like child support in that it will require regular obligations, but serves to support the soon-to-be ex rather than any kids. Unlike child support, however, alimony is deductible for the paying spouse, and seen as taxed income for the beneficiary. Based upon both partners’ financial situation, this may be a relief for both parties. In cases of divorce, how might a judge decide alimony is appropriate?

How Alimony is Determined

Maintenance or alimony is determined by several criteria, which commonly set furthermore the amount paid for the receiver as well as the length of time of the alimony. Although the legislation may vary between states, the following are usually evaluated carefully before the sum and duration of alimony is agreed upon:

  1. Whether the individual needing maintenance is or may become self-supporting inside of a reasonable period of time;
  2. The age of both parties, and any preexisting health factors;
  3. The existing wages and possible income capability or expectations of both parties;
  4. How many years the marriage lasted, and whether kids are a consideration;
  5. Property possessed by each respective party, whether ahead of matrimony or split as a consequence of divorce; and
  6. In what way alimony might influence both earnings and taxes for every one.

The court may take additional factors into account, but this really is on a case to case basis. If you believe alimony could be an important element of your divorce, talk to your spouse about what works best for the both of you. Spousal support is meant to support the lesser-earning spouse in relation to personal needs and standards of living, but won't be granted except if the assisting spouse can sensibly keep on top of the installments. An attorney is essential with regards to evaluating both sides’ funds and counseling you as to what seems reasonable. Spousal support may persist for some time, and ought to be entered into with full comprehension of what to prepare for.

From the Author: New York divorce attorney

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