What is Alimony and Spousal Support?
When you are going through a divorce, you may be wondering, "What is alimony and spousal support?" There are several factors that go into determining these payments. If you would like to know what these factors are, please contact an experienced divorce attorney. Spousal support and alimony are both provided to help the spouse staying in the marriage maintain the same lifestyle as before the divorce. The spouse requesting the compensation is not guaranteed to receive it; they must ask for it. Once the couple has dissolved their marriage, alimony payments cannot be deducted on their tax return. Therefore, if the payor does not need to, they shouldn't claim the alimony on their tax return.
There are two types of alimony: reimbursement alimony and marital support. Alimony is paid to couples who cannot meet their financial obligations after a divorce, whereas spousal support is paid to couples who can still meet their financial obligations. The higher-earning spouse is usually expected to make the payments, but alimony is only awarded to married individuals who can no longer meet their financial obligations. Financial support for the other spouse is usually awarded for a certain amount of time and may be either a lump-sum payment or based on a set of circumstances. Alimony and spousal support will vary in duration based on the amount and quality of the recipient's income. It is awarded for a specific amount of time and will cease if the recipient remarries or dies, depending on the amount and quality of the recipient's income. Rehabilitative spousal support is sometimes awarded as well, which helps the recipient transition after a divorce. The recipient may find work after the separation by finding a high-paying job, as well as other benefits such as healthcare and sick days.
Despite the system's current fairness, it can still have unfair consequences. Women must have support after a divorce to survive, since the non wage-earning spouse cannot earn a wage. A similar situation occurs with ex-husbands who, as a result of the women's work in the home, profit from the women's labor. However, the payor spouse does not profit as much as the recipient spouse from this labor.
The courts consider a couple's lifestyle when determining alimony. After the divorce, both parties must maintain the same standard of living. Earning capacity and marketable skills are also considered. For example, if the paying spouse can work but did not during the marriage, temporary spousal support may be granted. The duration of the marriage is also important in determining alimony payments. You can learn more about this topic here.
Spousal support laws vary from state to state. Some states do not recognize alimony payments to spouses who are the primary caregivers of children. However, if alimony payments are not authorized in states where divorce is granted due to adultery or desertion, the payer may be receiving a lower income than the payor. Want to Get Help?
