Alimony is a form of maintenance paid to a former spouse. It is usually paid monthly or weekly, but in some cases, it can be paid in lump sums. Alimony payments can be permanent or temporary, and are subject to change. These payments are usually tax-deductible for the paying spouse. They are also reportable as income to the recipient spouse. The payments can be terminated if one or both parties remarry or cohabitate with another adult. Consider obtaining legal advice from an established Miami family law attorney.
The length of the marriage is a factor in determining whether or not alimony is deserved. The longer the marriage, the stronger the case for alimony. Other criteria for eligibility include the other party’s financial dependence on the other spouse. For example, the recipient spouse must have worked for the other spouse’s business or helped pay for his or her education. The recipient spouse must also have failed to undermine the financial stability of the other party.
The courts also consider future earning potential of each spouse. For instance, a spouse with three young children will likely be awarded alimony because the child rearing is more important than working. However, this does not mean that a high-earning spouse will automatically end up with a large sum of money.
The rules regarding alimony differ by state. In some states, a nonworking spouse can request alimony from a higher-earning ex-partner. Each state also has its own statutes that determine who qualifies for the support. So, it’s important to understand the rules for alimony in your state.
If the parties cannot agree on alimony, it will likely be decided during divorce litigation. A judge will make the final decision on the amount and terms of the settlement. During the divorce proceedings, the court will determine whether or not alimony is deserved and whether or not the amount is unfair. The award may be temporary or permanent, depending on the circumstances of the case.
Alimony payments can also be modified if the paying spouse suffers a loss of income or retirement. In these cases, a judge may “impute” a person’s income based on the circumstances. For instance, if a high-earning spouse makes $200,000 a year as a lawyer, the judge may order alimony payments that are proportionate to her capacity to earn the same amount.
If the ex-spouse does not comply with the alimony award, the recipient can request a court hearing to enforce the agreement. The court will then set up a hearing to determine the reason for non-compliance with the order. In such a case, a “show cause” action will be filed. The judge will determine the reason why the ex-spouse is not following the agreement. Once the judge rules on the modification, the ex-spouse will have to pay the money.
The purpose of alimony is to minimize the unfair economic effects of divorce. It provides income for the lower-wage earning spouse. It also provides time for the ex-spouse to build up job skills. This support can be helpful in cases where both partners have children. In addition, it is often used by higher-income families to maintain a standard of living that the other spouse might have been unable to afford.
Alimony is often paid in after-tax dollars. This means that the recipient does not have to pay taxes on the money. However, tax treatment of alimony differs from state to state. In Miami, for example, alimony is deductible for the paying spouse, while it is taxable for the recipient. However, the Tax Cuts and Jobs Act has changed the tax treatment of alimony so that it is not taxable after December 31, 2018.
The courts must consider a number of factors in order to determine alimony, including the length of the marriage, the property division, and the earning capacity of each spouse. The court may increase alimony in certain circumstances, such as if one party is at fault for the divorce or has a lower standard of living. In addition, the judge may consider any marital misconduct that may have occurred during the marriage. The judge can also consider the needs of the former spouse.
A former spouse can terminate alimony if they cohabitate with another person. If this occurs, the paying spouse must prove that the relationship is ongoing and regular, and that the other person is also a member of the same sex. Cohabitation can also occur if the other spouse has a romantic or sexual relationship with the recipient.