Divorce and Alimony
Alimony is regarded as one of the most important aspects of a divorce procedure. Alimony is the financial compensation provided by one spouse to another. Alimony is paid by the spouse who is financially more stable than the other. Couples seeking divorce often fail to come to an agreement regarding alimony which further makes the divorce procedure to be to complex to be solved early.
Since divorce in America is governed by respective state laws, the features of the laws related to alimony can vary from one state to another. Unlike child support, which is mainly governed by the state divorce laws, the right to rule out the alimony money largely depends on the discretion of the judge. The following are the factors that the judge takes into account while ruling out the verdict of the judge.
Involvement of alimony in the divorce process lengthens the procedural time of the divorce case. Though 50% of the marriages in America end up in divorce but according to Gayle Rosenwald Smith, a Philadelphia based lawyer states that alimony is awarded only in 15% of the divorce cases. In case of child support, the person who pays the support is entitled to pay its tax too while the person who receives it is exempted from tax. For alimony the person who pays the amount is exempted from paying the tax and becomes a part of the taxable income of the person who receives it.
- For how long the marriage existed. The longer is the married life the greater is the possibility of alimony payment.
- The judge also reviews the financial statements of both the spouses and determines the amount of alimony to be paid by the spouse who is monetarily more sound than his or her counterpart.
- The age of the two divorce seeking parties along with their emotional state of mind.
- The contribution made by the claiming spouse who has provided financial aid at some point of their married life. How far he or she was supportive while the other spouse was aiming at the future prospects.
- The future finance generating capacity of the spouses claiming the money.
In order to avoid unnecessary complications and to go for a quick divorce, you are recommended to sit together with your spouse and settle for the sum of money that will be given as alimony prior to filing of divorce. Alimony is to be paid in cash, check or as a money order while alimony through services or property is not admissible.
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