Alimony is a court-ordered payment from one spouse to the other after the dissolution of their marriage.Child support is not supported by alimony.In order to provide for children, child support is paid.Alimony is intended to provide financial support for a period of time for the spouse who made less or was financially supported by the other during the marriage.A family law judge decides who gets alimony based on a number of factors, such as how long the marriage lasted, the financial situation of each spouse, and their earning potential.The process for calculating alimony varies depending on the state you live in, the presiding judge, and the circumstances of each marriage.The process of calculating alimony in the U.S. is discussed in this article.In other countries, the process may be very different.
Step 1: Understand how alimony works.
Alimony is meant to protect the lower-earning spouse from the effects of divorce.The lower-earning spouse may have foregone a career in order to support the family.Alimony tries to compensate the spouse for the sacrifice.Alimony helps a spouse maintain a standard of living that he or she has become accustomed to.Alimony is not a reward for surviving a difficult marriage or a means to punish a spouse for bad behavior.Child support is not supported by alimony.The rationale behind child support is that a parent is financially responsible for his or her children even if they don't live with that parent.If the children live with the ex- spouse, he or she may be able to benefit from child support.The purpose is to allow your children to share in the lifestyle of the non-custodial parent, and child support amounts will be calculated with that in mind.Alimony will be calculated to compensate the spouse for foregoing a career, to rehabilitate her to support herself going forward, and/or to facilitate the maintenance of a certain lifestyle.
Step 2: Understand the different types of alimony.
There are different types of alimony.There are common types of alimony.During a divorce or legal separation, a spouse may receive temporary alimony.A final order of alimony is more complex than the ordered alimony which is calculated according to local rules.During the legal separation process, it will be superseded by a final order of alimony.There was transitional alimony.When the recipient has the capacity to become self-sufficient but requires support while making the adjustment to the economic conditions outside of the marriage, this type of support is used.Time may be needed to get educational training.Some states consider support to help get an education to be compensated alimony.This type of support includes situations where one party made significant contributions to the other party's earning potential.When the dissolution of the marriage leads to one party receiving more in value without any other property available to offset it for the other party, a Compensatory Spousal Support may be awarded.It's sometimes called alimony.Maintenance for a long time.The court usually examines whether the recipient would be able to maintain the long-term standard of living established in the marriage on his or her own.Maintenance support may be awarded if transitional or rehabilitative support is not enough to give the recipient the capacity to do so.Different states have different names for this form of support.This type is called alimony in Tennessee.In Oregon, it is called maintenance support.Many states allow the judge to award more than one type of support at the dissolution of a single marriage.It can lead to the recipient receiving more in the initial months or years after the divorce.
Step 3: You should study your state laws.
Alimony will be determined by the laws of each state.The formula used to determine alimony can be found in some states.State statutes usually list factors that a judge will consider when calculating alimony.The length of the marriage, the income of each spouse, age and health, and the standard of living are all factors.
Step 4: There is a family law attorney.
It is important to consult with a family law attorney in your area because the laws regarding alimony vary widely between states.Common judicial decisions in your state should be familiar to the attorney.Your attorney may be able to better predict the alimony award with this experience.You can find attorneys by contacting your state bar association.Ask potential candidates about their experience in alimony cases.You can ask for references.Your attorney will have to ask other clients if they would be willing to speak with you.Family law specialists will be certified in many states.You can find the certification on the attorney's website.You can get specialists through your state bar association.To become certified, attorneys need to have practiced family law for many years, pass a written exam, and be recommended by peers or judges.
Step 5: Determine the length of your marriage.
The longer the marriage, the more likely a spouse is to get support.Short-term marriages may not lead to support payments.The criteria used to determine alimony varies by state, but the length of your marriage is important.When a petition for dissolution is filed in some states, a marriage begins and ends at the same time.The length of the marriage is measured through the date of physical separation, which could be before or after the official dissolution.A long period of cohabitation that preceded a marriage will be considered by many states.If a couple lived together before getting married, the court would likely include this period of time in its calculation.When the marriage is over ten years, the likelihood of court-ordered alimony increases.In California, a judge may not set an end date for alimony if the couple has been married for at least 10 years.Marriages lasting less than ten years are less likely to have alimony awarded.If you want to know the legal length of your marriage, give your attorney the dates that you and your spouse lived together as a couple.
Step 6: Information about the amount of income earned by each spouse is gathered.
The court will consider more than the length of the marriage when determining alimony.The alimony payments could be larger if the disparity between incomes is greater.The income of each spouse may be evaluated by the court.If one spouse has a unique skill set but is not employed, the court might consider the potential income of the spouse rather than the actual earnings.If one spouse started a higher-paying job immediately after the divorce, the court may base its alimony award on that income.How the court chooses to treat an income disparity in the alimony calculation will depend on the precedents set by your state court system.
Step 7: Take the age and health of each spouse into account.
Your attorney will want to know the ages of your spouse and the state of their health.When one spouse didn't work during the marriage, the age is important.List any health issues or medical expenses that should be included in consideration of alimony.Alimony awards increase with the age of the spouse.Older people have less opportunities to re-train or develop new skills.Younger people are more likely to attend a degree program or train for a new career in order to provide a higher income in the future.Younger workers have a longer time horizon to earn an income.Long-term or permanent alimony is awarded to spouses who have poor employment prospects because of health, disability, or age.The number of years left for an individual to retire will be considered by the court.Younger individuals have a longer time period to plan and save for retirement than older individuals, and thus, alimony awards tend to increase with the age of each spouse.
Step 8: Determine the standard of living.
The financial status of a married couple immediately prior to divorce is known as the marital standard of living.The amount of alimony should allow each spouse to maintain the same standard of living.Housing costs, as well as costs for clothing, food, insurance, child care, and other expenses, are considered to be part of the standard of living for a married couple.The amount of alimony should allow each spouse to maintain the same quality of life.
Step 9: Consider if the spouse made significant contributions to the other's career or education during the marriage.
This consideration isn't always applied to female spouses.One spouse can invest in his/her career if he/she stays home with children while the other spouse works.In an alimony decision, such a condition might be taken into account.There could be a situation where one spouse worked while the other spouse increased his/her education level.If the working spouse allowed the other to increase his/her earning potential, this might be included in an alimony decision.
Step 10: Determine the net worth of your spouse.
Before alimony is awarded, the court will consider the financial situation of each spouse.The net worth of each spouse should be taken into account when estimating the amount of alimony.A significant earning disparity is likely to lead to maintenance support, or spousal support that helps to maintain the standard of living established during the marriage.alimony payments are less likely to be awarded if the court feels that each spouse is capable of being self-sufficient.
Step 11: Which party was responsible for the dissolution of the marriage?
Twenty-nine states factor fault into the calculation of spousal support.Many divorces state irreconcilable differences, but others assign responsibility for dissolving the marriage to one or both spouses.The spouse who is guilty of adultery is less likely to get support if it is cited as a factor in the divorce.In the opposite direction, fault works.If there is a history of physical or emotional violence against the recipient, the supported party is likely to receive a larger alimony settlement.
Step 12: Either separate or divorce.
You need to separate from your spouse to get alimony.If you are going through a divorce or have a restraining order, you may be able to get temporary alimony.
Step 13: Spousal support can be negotiated.
You can negotiate with your spouse for alimony.It is possible to negotiate a spousal partner agreement that is more flexible than a court order.In your state, alimony agreements must still be approved by a judge.Collaborative divorce includes negotiated alimony agreements.In collaborative divorce, the parties commit to resolving disputes outside the court system through negotiation and mediation.If needed, the parties meet with a mental health professional.You should seek a collaborative family law attorney if you are interested in collaborative divorce.Ask if the attorneys practice collaborative family law.
Step 14: Take into account the tax implications.
The tax implications of receiving alimony should be discussed with a tax professional.If you receive alimony, it will count as general income.You will need to plan to make tax payments if you don't have your spouse withholding taxes.It is possible for the spouse paying maintenance to deduct payments on their federal tax return.You should have a meeting with a tax professional.If you want to make sure your alimony payments are tax deductible, you should read IRS publication 504.Payments may or may not be deductible on your state taxes, depending on state law.
Step 15: If you want to support your spouse, get a court order.
If you have been awarded alimony, you should get a court order for support.If your ex- spouse stops making payments, you have no legal recourse.You need an attorney to file your support agreement and get a court order from the judge.
Step 16: You should arrange for alimony payments to be deducted from your ex's paycheck.
If it is allowed in your state, you should ask the court to order your ex's employer to deduct alimony payments from his or her paycheck.The check will be sent to the court by the employer.Automatic payments eliminate the uncertainty of when your ex will make payments.Unless you and your ex request otherwise, this is called a wage assignment and occurs in every child support or alimony case in California.This is also known as wage garnishment in many states.In most cases, you only need to contact the court or the sheriff's office if you want to collect wages.
Step 17: If your payments stop, contact your ex.
In some cases, your ex may stop making payments due to uncontrollable circumstances, such as losing a job or a medical emergency.If you want to reduce or suspend the alimony payments, you can negotiate an agreement with your ex.If you don't come to an agreement, your ex is still responsible to pay the full amount of support unless he gets temporary relief from the court.If your ex stops paying alimony, you can ask the court to hold him in contempt.Incentives may be provided for your ex to pay what is owed.
Step 18: Place a claim on your ex's assets.
You may be able to place a lien on your ex's assets if he is delinquent with his alimony.If a person owes you money, a liens is an assertion of your legal right to property.The owner of the property can't sell it or refinance it until the liens are lifted.The owner of the property is responsible for fulfilling his/her obligation to the liens holder.If your ex fails to make alimony payments, you can request permission from the court to take the asset as payment, or force him to sell the property and pay you what you are owed with the proceeds.A qualified domestic relations order may be issued.This order will entitle you to part of your ex- spouse's retirement plans.Unpaid alimony can be taken from your ex's retirement account.
Step 19: Sue is in court.
If nothing else has worked, you can file a lawsuit against your ex in small claims court.This procedure should be used as a last resort.
Step 20: Understand when alimony ends.
The alimony can be paid indefinitely if it isn't for a finite amount of time.When you reach the date set by the judge for cessation of alimony payments, the spouse receiving alimony remarries or enters into a domestic partnership, your children no longer need a full-time parent at home.