Divorce is rarely easy. After sharing a life with another person for months, years, or even decades, it’s likely that you have become dependent on each other in many ways, some obvious, and some not-so-obvious.
During divorce, couples often become more aware of the ways that they have supported their partner, and how their partner has supported them. While we agree that a marriage should be a partnership, it can be difficult to predict what the world is going to look like for the two individuals involved when that partnership is dissolved. This is typically where spousal support comes in.
In today’s blog post from AF Law, we are going to discuss some of the basic things that you should understand about spousal support. Read on to learn more, and if you find yourself in need of assistance from an experienced Sacramento family attorney, reach out to the AF Law team today.
Alimony, also known as spousal support, is where one spouse pays the other spouse a sum of money to help maintain the marital standard of living. Spousal support is typically a result of divorce and often occurs when one spouse is having difficulty maintaining the martial standard of living. Men or women can receive or be ordered to pay spousal support, as it is determined on a case-by-case basis. Spousal support can be a short-term arrangement, long-term, or a one-time lump sum. There are many factors that go into determining the amount and conditions of the spousal support order.
As you can see, spousal support is a complex subject. If you are going through a divorce and need assistance with a spousal support case, the team at AF Law can help. Reach out to our experienced family attorneys today.
The amount and type of spousal support to be paid can vary greatly from case to case. This is because each spousal support case is determined by factors that vary from marriage to marriage. Some of the factors can include how long the marriage lasted, how much money both spouses made during the marriage, their contributions to the household, children and child support to be paid, and more. Additionally, some common circumstances that affect spousal support include if one spouse put their career on hold to raise the couple’s children, any instances of domestic violence or abuse, or if they helped to pay and support the other while they attended college. When entering into a spousal support case, you should be prepared to provide any information about financial and other support that you contributed or received during the marriage, as these are some of the most important factors to determining alimony.
If you are receiving or paying spousal support, it’s essential that you understand how alimony is treated under both federal and state tax laws.
Recently, laws have changed on whether spousal support is deductible income for the paying spouse. With some exceptions, any spousal support agreements or orders created or modified after 2019, the payments made by the paying spouse are not tax deductible. Additionally, the alimony received by the recipient does not get included in their gross income.
However, state tax laws pertaining to alimony can vary from state to state.
For those who are going through a divorce, it may be a relief to know that you can negotiate spousal support outside of court. This can be done through mediation if you and your spouse can come to an amicable agreement. Whether you choose mediation, or to take your case to court, it’s always a good decision to have a family lawyer on your side who knows how the system works and can fight for your best outcome.
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