- Periodic Alimony:
- Paid regularly (for example, $2,000 per month) until the recipient either dies or remarries.
- Its duration is generally indefinite, but it ends automatically upon the recipient’s death, remarriage, or presumed termination if they cohabit with a member of the opposite sex.
- This type can be adjusted or ended if unforeseen, significant changes occur.
- For tax purposes, the paying spouse may deduct periodic alimony immediately, and the recipient must report it as taxable income.
- Lump-Sum Alimony:
- This involves a fixed amount (e.g., $50,000) payable either at once or in installments (for instance, $10,000 per month for five months).
- It lasts for a predetermined period and cannot be modified once set.
- It is treated like a contractual obligation.
- Whether it is deductible or taxable depends on how it’s classified. If clearly identified as alimony in an agreement, it can usually be deductible by the paying spouse.
- Rehabilitative Alimony:
- This form is considered the most favored. It’s intended to help the recipient gain financial independence, often after forgoing career opportunities during the marriage.
- For example, the court may order $1,000 per month for 36 months.
- It lasts a specified period.
- It ends automatically if the recipient dies or remarries, and there’s a presumption of termination if the recipient cohabits. It can be increased, reduced, or ended if reasonable efforts at financial rehabilitation have failed.
- Payments are immediately deductible for the payer and taxable to the recipient.
When determining the amount and form of alimony, courts consider various factors, such as the spouse’s financial resources, the couple’s marital standard of living, how long it may take for the disadvantaged spouse to become self-supporting, both spouses’ ages and health, each party’s needs balanced against the other’s ability to pay, and any physical disabilities that may affect earning capacity.
The core reasons for awarding alimony typically focus on the disadvantaged spouse’s need and the other spouse’s financial ability to provide support. Although fault can play a role in some cases, it generally does not affect property division unless one spouse squandered marital assets. To ensure payments, courts may authorize wage assignments. Modifications to alimony usually require showing a substantial, ongoing change in circumstances, such as death, remarriage, cohabitation, or a reasonable retirement.
Alimony pendente lite, a temporary support measure, is granted more liberally during divorce proceedings to help the financially weaker spouse cover legal expenses until the process concludes. After the divorce is finalized, this support ends. Special considerations come into play when the couple’s combined net monthly income exceeds $30,000, and courts may use the same formula as with lower incomes while also factoring in the length of the marriage.
For expert guidance on alimony, as well as other divorce-related matters like spousal support, child support, and custody, consult Divorce Lawyer R. Badet. He is committed to assisting clients through every step of the divorce process, whether cases are straightforward or complex. With a wealth of experience, he can help ensure the best possible outcome. Visit his website at www.lawyersfordivorces.net or call for a free consultation. Renowned and highly respected, he represents clients in family law and criminal law, bringing a wealth of knowledge and advocacy skills to his practice.
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