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Alimony is spousal support pursuant to a divorce.
Alimony is awarded in a divorce when there is a need, and an ability to pay.
Permanent alimony may be awarded in a long term marriage and when permanent alimony is awarded it can be either periodic or in a lump sum amount depending on the necessary facts and circumstances. Rehabilitative alimony may be awarded in a short term marriage when one party needs support to go back to school, or obtain employment. Alimony is generally tax deductible to the payor and includable in taxable income to the payee.
Alimony is awarded in a divorce when there is a need, and an ability to pay.
Permanent alimony may be awarded in a long term marriage and when permanent alimony is awarded it can be either periodic or in a lump sum amount depending on the necessary facts and circumstances. Rehabilitative alimony may be awarded in a short term marriage when one party needs support to go back to school, or obtain employment. Alimony is generally tax deductible to the payor and includable in taxable income to the payee.
Call the Ledezma Law Firm today for a free consultation and the attorneys will gladly assist you in determining which alimony is appropriate for you and also arguing against it when not warranted.
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Factors The Court Consider In Awarding Alimony
Alimony is awarded in a divorce when there is a need, and an ability to pay. In other words, if one spouse has a need for alimony, the court has to determine whether the other spouse has the ability to pay. If the court finds that you have a need for alimony and your spouse has an ability to pay alimony, then the court will analyze the following statutory factors to determine the proper type and amount of alimony:
- The standard of living established during the marriage.
- The duration of the marriage.
- The age and the physical and emotional condition of each party.
- The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each.
- The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.
- The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.
- The responsibilities each party will have with regard to any minor children they have in common.
- The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment.
- All sources of income available to either party, including income available to either party through investments of any asset held by that party.
- Any other factor necessary to do equity and justice between the parties.
TYPES OF ALIMONY
1Temporary Alimony
Temporary alimony is also known as alimony “pendente lite” which means “pending the litigation”. Courts frequently award temporary alimony to a spouse who has a financial need for support while the divorce is pending. An award of temporary alimony terminates once the divorce becomes final.
2Bridge-The-Gap Alimony
Bridge-the-gap alimony provides financial support for a maximum of two years after the divorce is final. Bridge-the-gap alimony may be awarded to assist a party in making the transition from being married to single, and to assist a party with “legitimate, identifiable, short term needs”
3Rehabilitative Alimony
The purpose of rehabilitative alimony is to assist the payee spouse in achieving the education or training necessary to obtain employment. In order for rehabilitative alimony to be awarded, the requesting spouse must submit a plan to the court that sets forth the amount of money that is needed to complete the education and/or training, and the amount of time needed to complete same.
4Durational Alimony
If bridge-the-gap and/or rehabilitative alimony are insufficient to meet a spouse’s needs, the court might award durational alimony. The maximum term of durational alimony is the length of the marriage--in other words, if you were married for ten years, you can't receive durational alimony for any longer than that.
5Permanent Alimony
Permanent alimony is support that is paid until the remarriage of the payee spouse or the death of either party. The purpose of permanent periodic alimony is not to divide future income to establish financial equality; rather, it is to provide for needs and necessities of life for the former spouse to which they had become accustomed to during marriage of parties. In order for permanent alimony to be awarded, the Court must find the other forms alimony would not be fair and reasonable under the facts of the case. For example, Court might award permanent alimony if the requesting spouse lacks the ability to obtain the education and/or training to become self-supportive and therefore has a permanent financial need.
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Termination of Alimony
Alimony automatically terminates if the recipient spouse remarries or if either party dies. A court can also modify or terminate an award of permanent alimony if the recipient spouse enters into a “supportive relationship”. In determining whether a “supportive relationship” exists, the Court will consider:
- The extent to which the recipient spouse and the other person (i.e., the person whom the recipient spouse is alleged to be in a supportive relationship with) have held themselves out as a married couple by engaging in conduct such as using the same last name, using a common mailing address, referring to each other in terms such as “my husband” or “my wife,” or otherwise conducting themselves in a manner that evidences a permanent supportive relationship.
- The period of time that the recipient spouse has resided with the other person in a permanent place of abode.
- The extent to which the recipient spouse and the other person have pooled their assets or income or otherwise exhibited financial interdependence.
- The extent to which the recipient spouse or the other person has supported the other, in whole or in part.
- The extent to which the recipient spouse or the other person has performed valuable services for the other.
- The extent to which the recipient spouse or the other person has performed valuable services for the other’s company or employer.
- Whether the recipient spouse and the other person have worked together to create or enhance anything of value.
- Whether the recipient spouse and the other person have jointly contributed to the purchase of any real or personal property.
- Evidence in support of a claim that the recipient spouse and the other person have an express agreement regarding property sharing or support.
- Evidence in support of a claim that the recipient spouse and the other person have an implied agreement regarding property sharing or support.
- Whether the recipient spouse and the other person have provided support to the children of one another, regardless of any legal duty to do so.
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