The concept of divorce and alimony has changed dramatically in the last century. The law was once a simple, one-sided affair that was aimed to punish one party for the actions of the other. Then, women began to enter the work force in increasing numbers, bringing the concept of marriage into question. Then, in the 1990s, a new law was passed granting certain rights to women in divorce.
The laws governing divorce and alimony payments differ from state to state. In many states, alimony payments can be denied to a spouse who has been unfaithful. To prove that your spouse has been unfaithful, you must provide evidence of it, such as photos or videos. This evidence is required to establish your eligibility for alimony. Then, the court will set a hearing date.
Although state laws govern divorce and alimony, federal tax laws have an impact on the financial well-being of the former spouse. Before the 2017 tax reform, alimony payments were taxed as income for the paying spouse. However, this changed after 2018 when new tax laws took effect. If you are seeking alimony, be sure to discuss the legalities with your attorney.
Alimony is designed to help the lower-earning spouse maintain a decent standard of living after a divorce. Without the other spouse’s income, the lower-earning spouse may be unable to pay the costs of housing on their own. Most states consider the living situation of the recipient when determining whether or not to reduce alimony payments. A good family law attorney can help you navigate the complicated court system.
Divorce and alimony payments can take months, even years, to settle. The process often involves several court hearings and opposing attorneys. The resulting legal fees can be substantial. A divorce attorney-mediator can help avoid these pitfalls by educating the parties on the laws surrounding alimony and divorce. An attorney-mediator can explain the basic mechanics of alimony and the 17 factors that are used to determine how much money each spouse is entitled to receive.
Alimony payments are generally made on a monthly basis. If your circumstances change significantly, it is possible to petition the court for modification. The supporting spouse must present evidence of the change in financial circumstances in order to qualify for a modification. If approved, the judge will consider your request. This is a good way to save money and protect yourself in the long run.
In many instances, the husband does not need to pay alimony in the event he has sole custody of the children. The responsibility for raising children increases the cost of living. Therefore, removing this financial obligation may reduce the standard of living of the former spouse and allow him or her to regain his or her own footing.
In determining alimony, the court looks at the relative incomes of the parties. The party seeking alimony must show a financial need, and the other party must prove that he or she can afford the payment. If the parties cannot meet the agreed-upon amount, the court will usually order an amount to help even out the gap.
Alimony can be awarded for a finite amount of time or permanently. In some cases, the recipient spouse may have to work for several years to become self-supporting. In other cases, the receiving spouse may have to take up training to learn how to earn a living. The court may also award rehabilitative alimony to the recipient spouse.
While there are some states that allow for no fault divorce, in Florida, the courts will likely use a “fault” test to determine whether either spouse is at fault for the divorce. This means that a spouse must list specific actions that contributed to the separation. It is important to note that a spouse can be considered in need of alimony even if the other party was not at fault for the separation.
In addition, the recipient spouse may continue receiving alimony after the divorce decree is entered. Usually, though, it does not terminate alimony payments if the recipient spouse remarries. In such cases, the receiving spouse must file an application for temporary alimony with the court. However, each state has its own laws regarding alimony.