Alimony or spousal support is the financial support of a spouse after a separation or divorce. Every state and country has different rules and requirements for these payments, sometimes making it difficult for people to know whether they might be eligible.
While your chosen family lawyer is always the best person to contact for alimony information, you can also find answers to some of the most frequently asked questions about alimony below:
How common is alimony in the US?
Most family lawyers, such as Family Lawyer in Traverse City, guide separated spouses through the various intricacies of a divorce, such as alimony, property division and custody arrangements. However, they also help couples manage maintenance.
While alimony is not as common as other post-divorce legal arrangements, it is still fairly common. Short-term maintenance is one of the most common forms. This type of spousal support typically gives an ex-spouse the time and resources needed to become self-sufficient after death Divorce process.
How much maintenance does a spouse receive?
There is no set amount that an ex-spouse will receive as alimony. Each state has a different formula for calculating alimony payments. How much you can receive also depends on your income and that of your ex-spouse.
Generally, your attorney can calculate spousal support by taking a certain percentage of the paying spouse's net income and subtracting a portion of the receiving spouse's net income. The total amount cannot exceed 40% of their total net income. Sometimes, other factors For example, the age of the couple, the length of the marriage and any qualifications are taken into account.
How do you apply for alimony payments?
Alimony is not a standard part of the divorce process. Instead, you must request this as part of your divorce proceedings. The divorce lawyer you choose can help you with this. You and your spouse can reach an agreement about alimony, and a judge can make your agreement part of the court order. If you and your spouse cannot come to an agreement, a judge can decide Alimony payments are required.
Can you file for alimony after a divorce?
Divorce proceedings can be so overwhelming that you may not immediately understand your rights and entitlements. Therefore, you may not ask for alimony during the divorce and only discover that you need it after the fact.
Once your divorce case is finalized, you will no longer be able to file for alimony. If you believe you are entitled to spousal support, you will need to discuss this with your chosen attorney while your divorce proceedings are ongoing.
Are there special requirements for maintenance payments?
Spousal support is more than just your spouse agreeing to make payments during the divorce process. They also have to meet specific IRS criteriaincluding:
- Do not file a joint tax return
- Make payments by cash, money order or check
- The spouses do not belong to the same household at the time of the payment
- The payment is not a property settlement or child support payments
- Payment is made to the former spouse or the spouse under a divorce or separation agreement
It can be helpful in the divorce process to be well informed about maintenance. You will then find out whether you are entitled to maintenance payments or whether you are obliged to do so. Always speak to your preferred family attorney if you have questions about spousal support or other elements of the divorce process.
Comments are closed.