Divorce & Alimony-Understanding The Different Types Of Support Awards

By definition, alimony is a specific amount of money ordered by a court to be paid by one spouse to the other. The term of payments can either be limited or indefinite and, traditionally, was designed to be paid by the husband to the wife. Historically, men were expected to support their families while women became homemakers. Today, everything has changed. With women now being a staple in the workforce, the courts have employed a new alimony-award system. Alimony, often referred to as maintenance, can now be granted to either spouse and is largely based on economic need.

Whether you are seeking or being pursued for alimony, it is important to understand the different types and what they mean to you. Permanent alimony, which does still exist, is typically granted only if the awarded spouse is unlikely to gain employment in the future. Temporary alimony, on the other hand, is granted on the basis that the receiving spouse simply needs help in maintaining a certain quality of life throughout the divorce process. One example would be a marriage separation where one spouse immediately vacates the household and leaves the other to pay the mortgage and all other household expenses. In this case, a temporary alimony award may be granted, during the course of a marriage separation, in an effort to allow the receiving spouse to get back on his/her feet financially prior to the actual divorce being finalized.

Rehabilitative alimony is considered to be a short-term support award and can range anywhere from several months to a few years. This type of support is not permanent, but rather is designed to help the receiving spouse ‘rehabilitate' themselves into the workforce so that he/she can earn a living through gainful employment. This type of alimony is common if the spouse is temporarily unemployed, but is later expected to return to the workforce.

If you are currently dealing with alimony, as either the provider or recipient, a professional divorce attorney specializing in this area can offer powerful divorce advice. Finding the right divorce lawyer will involve discussing your case and the financial issues surrounding your case. When it comes to alimony, the court's main focus is one spouse's ability to pay the other. If a situation arises where one spouse is unable to afford payments, he/she must be able to provide proof to the divorce court through a full disclosure of finances. Divorce lawyers are essential in providing advice on divorce and how current divorce laws may affect your case. In some instances, couples can reach an agreement on alimony through divorce mediation. During this process, a neutral third-party will work with the couple to reach an amicable arrangement in all aspects of a divorce proceeding without a lengthy litigation.

As a final thought to alimony, it is important to realize that no two divorce cases are alike. If you want to find the best divorce lawyer for your individual needs, take the time to speak with several divorce attorneys in your area who specialize in the dissolution of marriage. Even if you plan to proceed with divorce mediation, having a divorce lawyer may help to protect your rights. When it comes to needing valuable divorce advice on important financial matters, hiring a qualified divorce attorney may be money well-spent.

The information contained in this article is designed to be used for reference purposes only. It should not be used as, in place of or in conjunction with professional legal advice regarding divorce, alimony and/or divorce laws. If you are in need of divorce advice or are considering a marriage separation, consult with a professional divorce lawyer in your area for further information and/or divorce advice.

Andrew Daigle is an author and creator of many informational websites including Divorce Attorney Search, Auto Insurance Quotes and many more.

What You Need To Know About Alimony And Child Support In A Divorce

Alimony is designed to provide the lower-income spouse with money for living expenses. Some states refer to alimony as maintenance or spousal support. Each word refers to the same concept; one spouse providing funds to the other as part of a divorce agreement. Each state has different rules to determine how much support is paid. Alimony can be awarded for an indefinite or definite period of time. Alimony usually terminates upon remarriage of the recipient spouse.

Alimony is handled differently in the court than child support. Child support is determined by a mathematical formula used by the state for that purpose. This is a subjective process. It is a matter of determining the difference between what the custodial parent earns in relation to the income of the non-custodial parent and the needs of the child. Alimony is awarded at the discretion of the judge or by an agreement between the two parties to the divorce.

Another difference between child support and alimony is that child support is not tax deductible. Alimony payments are tax deductible to the party making the payments. Alimony must be claimed as income by the recipient party. Child support does not need to be claimed as income for tax purposes.

There are several factors a judge considers when deciding whether or not to grant alimony. Generally, courts consider the standard of living of the parties that was established during the marriage, and the circumstances of the case and of the parties. The judge will consider whether the party who is getting the award lacks sufficient property and income to provide for his/her reasonable needs and whether the party paying the alimony has sufficient property and income to provide for the other's reasonable needs.

The court may also consider each spouse's earning potential. The age and health of the parties and the length of the marriage can be factors the court considers to determine whether or not alimony is appropriate and the amount awarded. In the past, the wife was almost always the recipient of spousal support, but gender is no longer a consideration. If you live in a fault-based state, some courts consider the fault of the parties when determining support.

Because in today's society both parties to a divorce are often employed and thus jointly supported their lifestyle, alimony has become somewhat of a rarity. Temporary spousal support is sometimes instituted at the time of separation. This may be used to give an unemployed or under-employed spouse time to become financially independent. Even if alimony is awarded, both spouses often have difficulty maintaining the lifestyle they had during the marriage.

Moses Wright is a webmaster of Divorce Papers. More information on A Divorce With Children and Divorce And Money Issues can be found on his website. You are welcome to reprint this article if you keep the Content and live link intact.

Divorce and Alimony Formula

In divorce, a common question is, "what is the alimony formula". Well, there really is no set alimony formula for divorce. This is in complete contrast to child support, which is decided based upon a specific formulas in each state. Alimony is based on factors and those factors are decided through divorce negotiation or by a divorce judge. But, there is no alimony formula available to your divorce attorney or you to determine in advance what alimony will be paid in your case.

What does a divorce court look at to determine alimony? Those issues do vary by state. But, there are also many alimony factors that are common from state to state. So, although there is no specific alimony formula for you to rely on, there are alimony factors that you can look at to help you determine what the alimony might be in your case.

In divorce, some of the alimony factors that a judge might look at include the following. First is the length of your marriage. If the parties have been married for one year, the court's attitude towards a request for alimony will be very different than if the parties have been married for twenty years. Because the length of marriage varies so much in all divorces, it is not possible to plug this factor into an alimony forumla to determine the alimony amount.

Another factor affecting the award of alimony is employment status. Obviously, if the spouse seeking alimony has been unemployed or underemployed for a number of years to care for young children, the home, or the spouse, that is a factor that will militate in that spouse's favor if he or she is seeking alimony. On the other hand, if that spouse has the ability to obtain employment that will more than adequately meet his or her needs, the court might think a little differently about awarding alimony to that party. Other factors that are considered closely with this factor include level of education, job experience, the age of children in the household, and work history.

A major factor that can affect an award of alimony is the amount of property to be retained or divided by the parties. If the spouse seeking alimony has been a stay at home parent, but will have signifcant assets after divorce or has separate assets, like a trust fund, the court's attitude towards the award of alimony will be affected. The court will certainly view a request for alimony under these circumstances much different than a request made by an individual who is receiving no assets in the divorce or who does not have any separate property.

The health of the party seeking alimony is a major factor that can impact a court's decision in awarding alimony. If the spouse seeking alimony has a debilitating physical condition that impacts whether or how much they can work, the court will not want to impoverish that party after divorce and the court will be more likely to use alimony to address at least basic living needs.

One other factor that should be considered by the divorce court and by the parties, is the taxability of the alimony payments. In most instances, if there is no specific provision to the contrary, spousal support payments are taxable to the recipient and tax deductible to the payor. The tax benefit obtained by spreading out economic wealth in this fashion can be significant and should be discussed in depth with your divorce attorney.

One issue that is not always considered by the court, but should be discussed with your divorce attorney, is that alimony payments are, in general, not dischargeable in bankruptcy. If there is any possibility that the party who is to pay alimony will be filing for bankruptcy, the divorce attorneys will negotiate very hard on both sides to maximize the final benefit to their client in divorce.

It should thus be apparent that in divorce, there can be no easy alimony forumla, no matter what state you live in. It is impossible to plug these and other factors into a mathematical equation to arrive at a "correct" alimony formula. It is necessary that the divorce court, or the divorce attorneys review how these varied and different factors affect both parties in the divorce and then arrive at a solution that encompasses all of the divorce issues, including property settlement and alimony. They cannot simply set up an alimony formula that would work for all parties.

Attorney Jean Mahserjian is the author of numerous websites and books devoted to helping consumers through the process of separation and divorce. To download free excerpts from her family law books, visit: Divorce and Alimony

 

 

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