Why do people have to pay alimony?
What Is Alimony?
Alimony is designed to help people who are going through a divorce maintain a certain standard of living. It is intended to reduce the unfair economic effects of divorce on the non-wage-earning or lower-income spouse. It is also intended to help ex-spouses develop new job skills or develop career options, which may have been put on hold when the marriage ended. In addition, it is used to help higher-income families maintain a standard of living that was common during the marriage.
Alimony is a measure of the standard of living of the marriage
Alimony is an award that is made after a divorce and is designed to maintain the standard of living of the spouses who were married. This amount of money is usually paid on a monthly basis. However, in some cases, judges may order lump sum payments for maintenance. These payments can be made in cash or in the form of property transfers. In such cases, the recipient spouse will have to keep detailed records of the payments they receive from their ex-spouse.
In the United States, alimony is a legal award that is paid to a former spouse during a divorce. It is usually awarded to the spouse who was earning less during the marriage. This amount is called spousal support, and it is meant to help the lower-income spouse to maintain a similar standard of living after the divorce. This is based on the theory that one spouse gave up certain things in order to make the marriage work.
It ends when the supporting spouse remarries
In the state of New York, alimony ends when a supported spouse remarries. Although the paying spouse has the right to request a termination of alimony, the burden of paying is automatically terminated when a supported spouse remarries. Nevertheless, there are certain conditions that must be met before an alimony obligation can be terminated.
For the supporting spouse to terminate alimony, they must prove that the dependent spouse has cohabited for at least one year. This period does not include occasional sleepovers, which do not count as cohabitation. This is a legal requirement. However, if the divorce judgment states that cohabitation does not terminate support, alimony will continue to be paid even if cohabitation takes place. This would be unconscionable.
It can be reduced or stopped if you begin living with a partner
If you are separated and have recently begun living with a new partner, your former spouse has the right to ask a judge to reduce or terminate your alimony. This is often done because you no longer need as much support as you did during the marriage. However, you must still consider the consequences of the reduction. If you're unsure if it is the right decision, consult with an attorney. They may be able to negotiate a smaller reduction.
You may be surprised to find out that some states do not require alimony payments to continue after a divorce if the former couple has married someone else. You need to check your divorce decree to find out if this is the case.
It is not tied to the support of children
Although alimony is not tied to the support of children, it is often paid to the same recipient. The amount and duration of support are at the discretion of the judge. Some states have guidelines regarding the duration of support. For example, Indiana and Texas have guidelines limiting payments to three years. The state of Utah has a cap of ten years.
Child support is a separate payment made to the parent who spends the most time with the children. Unlike alimony, child support is not tax deductible and is not subject to income tax. However, parents need to be careful when claiming their children as dependents on their taxes. The parent who has primary physical custody of the child is considered the custodial parent for tax purposes.
If you have any questions, you can get a free consultation with Ascent Law LLC:
Ascent Law LLC:
8833 South Redwood RoadSuite C
West Jordan, UT 84088
(801) 676-5506
