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Spousal Support / Alimony
One of the things a prenuptial agreement can do is address certain financial support in the event of a divorce .
Articles about 'Alimony'
FAQ: Does fault affect an alimony award? (Frequently Asked Questions About Alimony): Whether the issue of fault will play a part in you ...
Tax Treatment Of Child Support And Alimony (How Does Uncle Sam Treat Child Support For Tax Purposes?): Are child support payments considered taxable? Wha ...
Divorce Glossary (Understanding Legal Terminology Related to Divorce): Wondering what default, defen ...
FAQ: Does fault affect an alimony award? (Frequently Asked Questions About Alimony): Whether the issue of fault will play a part in you ...
Tax Treatment Of Child Support And Alimony (How Does Uncle Sam Treat Child Support For Tax Purposes?): Are child support payments considered taxable? Wha ...
Divorce Glossary (Understanding Legal Terminology Related to Divorce): Wondering what default, defen ...
Alimony 101
Alimony (also known as spousal support) is an amount paid by one spouse to another after a divorce to allow the lower-income spouse to continue meeting certain living expenses. Unlike child support, alimony isn’t guaranteed and the amount is at the discretion of the judge.
Using a prenuptial agreement, you and your spouse can outline alimony payments or waive them altogether (although, a few states don’t recognize the waiver and many others scrutinize it closely before declaring it to be valid).
A Good Idea
Despite popular opinion, alimony can be a good thing. It is tax deductible and is considered income to the receiving party. That means that if one party has a considerably larger income than the other, it could be considered a tax advantage to both parties to allocate alimony.
When you create an alimony provision in a prenuptial agreement, you prevent the court from awarding it anyway and setting its own amount.
Things You Need to Know
To qualify, alimony must be paid in cash – no property or debt assumption “trade-off” – and should generally be paid in similar amounts each year. Alimony that is paid heavily the first two years and then tapers off thereafter is often considered to be “front-loaded” and can result in the paying spouse having to reclaim the funds and pay taxes on the amount. This “excess alimony” rule was designed to prevent spouses from declaring property settlements as alimony and reaping the tax benefits it produced.
Alimony is considered to be separate from child support and cannot be affected by anything to do with the children. Remember that alimony is awarded as spousal support and can’t be stopped or reduced because a child got married , died or moved away from home.
Funds paid to a spouse can only be considered alimony if they were paid after a divorce decree or other legal agreement. You must be living in separate households and filing separate tax returns for the funds to be considered tax deductible.
Alimony can continue for any amount of time – fixed or unlimited. It can also be subject to certain conditions, such as the recipient spouse remarrying or a certain increase in income that outweighs the amount of the support. Alimony always ends when the recipient spouse dies.
How much should be paid?
Only you and your spouse know your particular situation, which is why outlining alimony support in a prenuptial agreement may make good sense.
In general, the courts typically use up to 40% of the paying spouse’s net income (after child support) and then subtract half of the recipient spouse’s net income. The exact amount is calculated by considering the income of the two spouses, the number of years the parties were married and/or the potential increase in income after the agreement is made.
In the event that one spouse makes considerably more than the other, the courts may rule a waiver of alimony as “unconscionable”, meaning that no sensible person would have agreed to such as waiver unless coerced or under serious stressful conditions.
If you and your spouse want more control over alimony in the event of a divorce, a prenuptial agreement is the best way to go.
Alimony FAQ's:
Does fault affect an alimony award?
Tags: alimony, prenuptial agreement, divorce, marriage, child support
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Hawaii Marriage Laws (Statutes and Laws Specific to Marriage in Hawaii) from >> Marriage
New York Family Law Index (Links to the Family Law and Related Statutes in New York) from >> Laws
Maine Marriage Laws (Statutes and Laws Specific to Marriage in Maine) from >> Marriage
Arizona Divorce Laws (Divorce Law Basics in the State of Arizona) from >> Divorce / Separation
Georgia Marriage Laws (Statutes and Laws Specific to Marriage in Georgia) from >> Marriage
Alaska Family Law Index (Links to the Family Law and Related Statutes in Alaska) from >> Laws
Arizona Family Law Index (Links to the Family Law and Related Statutes in Arizona) from >> Laws
Alabama Family Law Index (Links to the Family Law and Related Statutes in Alabama) from >> Laws
Family Law in All 50 States (Click Your State's Link to View the Family Law Statutes that Affect You) from >> Laws
Mediation (An Alternative to Divorce Litigation) from >> Divorce / Separation >> Mediation / Collaborative
Do You Qualify For An Annulment? (Nullity Is Not An Option For Everyone) from >> Divorce / Separation >> Annulment / Nullity
Louisiana Marriage Laws (Statutes and Laws Specific to Marriage in Louisiana) from >> Marriage
Idaho Marriage Laws (Statutes and Laws Specific to Marriage in Idaho) from >> Marriage
Do I Need A Prenup? (Understanding the Pros & Cons) from >> Prenuptial Agreement
Washington DC Divorce Laws (Divorce Law Basics in the District of Columbia) from >> Divorce / Separation
Colorado Divorce Laws (Divorce Law Basics in the State of Colorado) from >> Divorce / Separation
Collaborative Divorce (A New Approach to Conflict Resolution) from >> Divorce / Separation >> Mediation / Collaborative
What Can (and Can't) a Prenup Do? (Understanding the Basics) from >> Prenuptial Agreement
Kansas Marriage Laws (Statutes and Laws Specific to Marriage in Kansas) from >> Marriage
Kentucky Marriage Laws (Statutes and Laws Specific to Marriage in Kentucky) from >> Marriage
Colorado Marriage Laws (Statutes and Laws Specific to Marriage in Colorado) from >> Marriage
Indiana Marriage Laws (Statutes and Laws Specific to Marriage in Indiana) from >> Marriage
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Arkansas Family Law Index (Links to the Family Law and Related Statutes in Arkansas) from >> Laws
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Minnesota Family Law Index (Links to the Family Law and Related Statutes in Minnesota) from >> Laws
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Michigan Family Law Index (Links to the Family Law and Related Statutes in Michigan) from >> Laws
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Maryland Family Law Index (Links to the Family Law and Related Statutes in Maryland) from >> Laws
Missouri Family Law Index (Links to the Family Law and Related Statutes in Missouri) from >> Laws
Montana Family Law Index (Links to the Family Law and Related Statutes in Montana) from >> Laws
New Jersey Family Law Index (Links to the Family Law and Related Statutes in New Jersey) from >> Laws
New Mexico Family Law Index (Links to the Family Law and Related Statutes in New Mexico) from >> Laws
New Hampshire Family Law Index (Links to the Family Law and Related Statutes in New Hampshire) from >> Laws
Nevada Family Law Index (Links to the Family Law and Related Statutes in Nevada) from >> Laws
California Family Law Index (Links to the Family Law and Related Statutes in California) from >> Laws
Maine Family Law Index (Links to the Family Law and Related Statutes in Maine) from >> Laws
Nebraska Family Law Index (Links to the Family Law and Related Statutes in Nebraska) from >> Laws
Georgia Family Law Index (Links to the Family Law and Related Statutes in Georgia) from >> Laws
Hawaii Family Law Index (Links to the Family Law and Related Statutes in Hawaii) from >> Laws
Colorado Family Law Index (Links to the Family Law and Related Statutes in Colorado) from >> Laws
Delaware Family Law Index (Links to the Family Law and Related Statutes in Delaware) from >> Laws
Connecticut Family Law Index (Links to the Family Law and Related Statutes in Connecticut) from >> Laws
Idaho Family Law Index (Links to the Family Law and Related Statutes in Idaho) from >> Laws
Florida Family Law Index (Links to the Family Law and Related Statutes in Florida) from >> Laws
Illinois Family Law Index (Links to the Family Law and Related Statutes in Illinois) from >> Laws
Iowa Family Law Index (Links to the Family Law and Related Statutes in Iowa) from >> Laws
Kentucky Family Law Index (Links to the Family Law and Related Statutes in Kentucky) from >> Laws
Louisiana Family Law Index (Links to the Family Law and Related Statutes in Louisiana) from >> Laws
Indiana Family Law Index (Links to the Family Law and Related Statutes in Indiana) from >> Laws
Defense of Marriage Act (DOMA) (A Strike Against Same-Sex Unions) from >> Same Sex Couples
Debts: Husbands and Wives (Your Debt Related Responsibilities As A Spouse) from >> Financial / Property >> Community Property
Changing Your Name In A Common Law Marriage (What The Law Requires) from >> Living Together >> Common Law Marriage
Marriage Laws in All 50 States (Click Your State's Link to View the Marriage Statutes that Affect You) from >> Marriage
Who Can Perform a Marriage Ceremony? (How to Find an Authorized Official) from >> Marriage >> Marriage Procedures
Polygamy, Bigamy and Adultery (What's the difference?) from >> Sex Offences
Taxes and Common Law Marriage (The Financial Aspects of a Common Law Marriage) from >> Living Together >> Common Law Marriage
Book Review: Gay & Lesbian Medical Rights (How to Protect Your Rights During Illness) from >> Same Sex Couples
Common Law Marriage States (States That Recognize Common Law Marriage) from >> Living Together >> Common Law Marriage
What Is The Marriage Tax Penalty? (Understanding the Tax Ramifications of Getting Married) from >> Financial / Property >> Taxes and Marriage
Polygamy (Is It Legal To Have Multiple Spouses?) from >> Sex Offences
Paternity Tests 101 (How to Establish Paternity) from >> Children / Parenting >> Paternity
Defenses to Divorce (Affirmative Defenses to At-Fault Divorce Allegations) from >> Divorce / Separation
Who Gets Custody? (Why Aren't You Guaranteed Custody of Your Children?) from >> Children / Parenting >> Custody/Visitation
Divorce Laws in All 50 States (Click Your State's Link to View the Divorce Statutes that Affect You) from >> Divorce / Separation
The Hague Convention (What You Need To Know About International Custody Disputes) from >> Children / Parenting >> Custody/Visitation
Calculating The Amount of Support (Weighing The Variables That Matter) from >> Children / Parenting >> Child Support
Custody Evaluation Tips (Promote Yourself But Don't Ignore The Other Parent) from >> Children / Parenting >> Custody/Visitation
Lower Your Chances of Divorce (Tips to Keep Your Marriage Going Strong) from >> Marriage
Causes of Invalid Marriages (How to Make Sure Yours is Legal) from >> Marriage
Property Acquired After A Separation (Dealing With Property Distribution During A Separation) from >> Financial / Property >> Community Property
What is Equitable Distribution? (The Basics of Property Division in an Equitable Distribution State) from >> Financial / Property
Does Community Property Mean "50/50"? (The Basic Rules for Dividing Community Property) from >> Financial / Property >> Community Property
The Effects of Divorce on Children (How to Help Your Child Adjust to the Transition of Divorce) from >> Divorce / Separation
Obtaining Custody Of A Non-Biological Child (No Subtitle) from >> Children / Parenting >> Custody/Visitation
Book Review: The Complete Gay Divorce (What Happens When Gay Couples Call it Quits?) from >> Divorce / Separation >> Same Sex Divorce
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