Alimony or spousal support arrangements are generally agreed to by divorcing spouses in their marital settlement agreement, or by a court order. Alimony is paid from one spouse to the other either as monthly payments or a lump sum in cash, checks or even money orders. Unacceptable forms of payment include debt, property or services. Alimony is not usually awarded in short term marriages or where both spouses earn the same amount of income.
Alimony has been in the divorcee system for hundreds of years. Alimony is designed to provide spousal support to help the low-earning spouse to maintain the standard of living he or she had prior to the divorce or a spouse who has been out of the work-force because they have been raising their children or taking care of the house. If there were no alimony laws, then after a divorce a low-earning or non-working spouse would have no way of making a living or be able to take care of themselves.
Alimony is usually ordered when one spouse needs support of another after a legal separation or divorce. When alimony is ordered, the spouse ordered to make the payments will have to pay a specified amount of payments each month.
Just like all the other issues that are in a divorce, the amount and the length of the alimony payments may be agreed mutually between both spouses. If the spouses do not agree on the amount and length of alimony payments, then the court will step in and set the terms. If the spouses cannot agree, the court will usually have to set a trial which would be costly for both spouses.
The length that a spouse is ordered to make Alimony payments can be mutually agreed or it can be set by the courts. If alimony is ordered, the spouse will have to pay the specified amount each month until:
If the paying spouse fails to pay alimony in a full or timely manner, possible avenues of recourse include:
Once the court orders that alimony is to be paid, failure to pay is disobeying a court order, otherwise known as contempt of court. The following remedies are available to the person seeking alimony:
If alimony payments in any year are reduced by $15,000 in the first three calendar years after separation or divorce, part or all of the payments will not be considered deductible and the past payments may be reclassified as income which may be taxed to the person seeking full payment of alimony.
In many states, if a husband and wife have a prenuptial agreement, the agreement cannot prevent spousal support or child support payments. However, some states allow the spouse who has a prenuptial agreement to waive or limit spousal support or alimony payments as long as the agreement is not considered unfair or unreasonable.
For example, in California if there is a existing prenuptial agreement, a spouse may prohibit on paying alimony. However, if the judge sees that one spouse has substantially more assets and income and the spouses have been in a long term marriage, the provision will be void if the agreement is considered unfair.
Relationships between ex-spouses may be tumultuous and can lead to difficult situations. An experienced family lawyer can advise you of your rights and assist you in choosing the appropriate avenue of action for your alimony or spousal support issue.
Last Modified: 09-29-2016 03:45 PM PDTLaw Library Disclaimer
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