Guide to Spousal Support (aka Alimony or Maintenance)
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- เผยแพร่เมื่อ 5 เม.ย. 2017
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Spousal support (also called alimony or maintenance) is often a contentious issue in divorce. What is spousal support? It involves one person paying their ex-spouse money for living expenses. The reason it exists is because one spouse may not work, or they work much less than the other spouse. During the marriage, they were dependent on their spouse for financial support, and they may not have career options available to them after the divorce. Spousal support ensures that both spouses still have enough financial resources to live after the divorce. It may only last for a few years, or it can last a lifetime. Spousal support was discussed in Episode 12, so listen to it as well. This issue can be very contentious because the spouse who is making payments often resents the fact that they must pay their ex-spouse money. However, the other spouse needs that money to live a normal post-divorce life. There are usually a lot of emotions on both sides of this issue. Spousal support varies widely, depending on your state. Some states have very generous spousal support laws, whereas others are more restrictive. A few states have a straightforward way that spousal support is calculated for all cases. However, in many states, it is up for negotiation and open to interpretation in court. Almost all states consider these factors: The length of the marriage Both spouses’ incomes Your standard of living Whether one spouse gave up a career to raise children The earning capacity of the spouses After divorce, can you change spousal support? Sometimes life happens, and your circumstances change. The spouse paying support may lose their job, become disabled, or retire. If these circumstances change, it can be grounds to change spousal support. Spousal support can be terminated if the spouse receiving support remarries or (in some states) moves in with someone else. Spousal support can even change if there is a change in child custody (separate from changing child support). Even though it is possible to change spousal support, it will not be easy. You will be starting another legal battle, which can get very expensive. If you want to pursue that option, you should have a compelling reason for justifying a change. You will have no guarantee the outcome, even if you have a strong case. If you are the person paying spousal support, you should accept that it may not be possible to change it. If you are receiving spousal support, make sure you are getting enough to live on, and budget accordingly. Spousal support is taxable income for the person receiving it, so you need to pay income tax, as you would with any other income. For the person paying spousal support, it is tax-deductible, which means it is a tax benefit. However, the person who is paying child support pays the taxes on it, not the person receiving it. Spousal support is complicated, and it will vary depending on your state and your individual circumstances. It can be difficult to predict what will happen if it goes before a judge. Whether you are paying or receiving spousal support, you need to plan for the long term. How will it affect your budget? If you are receiving support that will decrease in a few years, you will need to plan for those decreases far in advance. Spousal support is an important topic, so check your local laws, ask your attorney what to expect, and make sure that you are making the right decision for you. Thank you for listening to the Divorce and Your Money Show. Visit us at www.divorceandyourmoney.com for 1-on-1 coaching. If you enjoyed the show, please take a moment to leave a review on iTunes, as it will help other people discover this free advice. - แนวปฏิบัติและการใช้ชีวิต
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I’m listening to this podcast in 2023 (5 years after the podcast was released) and spousal support is no longer deductible for the paying spouse, and the receiving spouse no longer has to report the support on the tax return.
I need yr help or advice on my divorce. I really like yr presentation
Can the estate of the person paying child support be charged (perhaps a lump payment)?
I’m a foreign national, married to USA citizen (CA) in 2013. He visited me twice and never came back. I don’t have children from him. He was a pensioner at the time of marriage,am I qualified for spousal support? I have never been to USA
Yes
Has he ever done one where the spouse got sick and husband filed for divorce then came back then 5 years later filed for divorce again and I’m sick with autoimmune issue and PTSD from the abuse in the marriage? Money is super tight and with virus it has helped a little.
You can not go back any try to get it. If that’s what your asking?
Tax laws changed in 2019. No more taxable/deduction obligation/write off.
If I take a lump sum settlement at age 66 will I have to pay taxes on it and what will the percentage be at 66.
What was the tax trick you started to mention that those who receive spousal support should know?
I think Spousal Support would be tax deductable as the payment is made with post tax dollars (not pre tax). So since the payor already got taxed on those dollars, is not a benefit per say , he/she just gets back the tax already paid.
I need your help
If the payee is not paying alimony, no tax? What happens when alimony is owed?
Did you ever find information for your questions on due alimony
Mine is 10,000 in rears he will always owe!
Pod cast?
I wish you would help us out on some states instead of keeping it so vague. I’m a male in Alabama. Could you expound?
i realize I'm kind of randomly asking but do anyone know a good website to watch new series online ?
@Harvey Jacoby i would suggest Flixzone. You can find it by googling =)
@Nelson Princeton yea, I've been watching on FlixZone for since april myself :)
@Nelson Princeton thank you, I went there and it seems like they got a lot of movies there =) I really appreciate it!!
@Harvey Jacoby Happy to help :D
Tax law changed!
Tax laws changed as of Jan 1, 2019 for maintenance thanks to trump
Diana Dibblee except if you got support before this date, and it is modified AFTER one is grandfathered in, supposedly
Does that mean stay at home spouse don’t receive-anything now?
@@impactajuvenile what you may/may not receive will depend on your state laws and how long the marriage took place. Plus, your personal circumstances like your level of education and whether it is determined that you will be able to go back into the work force. Also, for divorces that occurs after Dec. 31, 2019, the person paying can no longer claim the support as a tax deduction, and the recipient no longer has to pay taxes on what is received.
My mother-in-law believe that if you can work, you shouldn't be eligible for Alimony.
DarkEmerald1990 what if the work doesn’t come about?
Hmm mine is 10,000 in rears my attorney said she can not do anything cause we have no clue where he’s working! He has threatened after 10 years he’s going to quit paying! And I wasn’t working I am on disability had to get a part time job and barely making it! He’s lying saying he’s not working! Lying . By the way was married 32 years! Was awarded until I marry or death! Ohio here he can go modify it but he won’t because he can not prove he is not working! So it keeps building! He retires next year and they ARE ATTACHING IT TO HIS Social Security! The rears but and he can stop it to continue! Any help sir? I do pay taxes on it. But only received 1,200 this year. 420 was cause they took his State Taxes!
Should quit my second job before I go to court
yes
How can I hire someone like you..I need help.. PLEASE..give me a contact
divorceandyourmoney.com/coaching/
Can you fight against someone who doesn't want to work a full time job
Whe she has nothung wrong she is healthy 100%
Yes, if you're in California you can ask for a Gavron Warning .
Aww well I work part time! Have fun you have to prove and have it modified
J