Guest Author - Stephanie L Watson
When you get a divorce one of the biggest concerns aside from the children is often money. Will I get alimony, will I have to pay alimony? How much will it be?
There are no real alimony guidelines as there are with child support so each case will be decided on it's own merits. There is no guarantee of any type of payment or receipt of money even in a community property state. However, all states do have something on the books as a basis to go by when awarding alimony. As with Child Support each state, and even each local community has it's own standards.
There are different types of alimony from temporary, to permanent. Alimony can be paid in a lump sum or over time. It can be used for retraining and rehabilitation. Often times, if you and your spouse disagree about Alimony you may have to present your case to a judge. In that case you need to know why or why not alimony is necessary.
In some states marital fault is a consideration when deciding upon alimony. Do not be fooled into thinking that just because you live in a “no fault” state that fault cannot also be a determining factor and basis for larger or smaller settlements as the case may be.
Alimony is taxable income to the precipitant and deductible to the payer. This can have tax consequences for both of you. If you are returning to school, or your children will be in college, this is income that will be considered when it comes to financial aid.
Every state has a different rule so make sure you seek legal representation if there is a disagreement regarding Alimony with your spouse. Do not make assumptions based on how long you've been married or how rich or poor your spouse is. The fact is, alimony is exceedingly rare these days.
Women also have to pay alimony to men. It doesn't matter what sex you are, if you are the breadwinner, or earn substantially more than your spouse, you may have to pay alimony. While it may not seem like it, divorce laws are no longer in favour of one sex over another. Yes, some judges are still biased, but when it comes to money, it all comes down to the numbers, not sex.
How long the marriage has lasted is often a basis in determining alimony awards after all the assets and debts have been split. If you've only been married one year, it is very, very unlikely, no matter why you are getting a divorce, that you will receive or pay any alimony.
If you and your spouse cannot agree upon alimony terms seek help from a qualified divorce attorney, mediator, or collaborative divorce attorney. When it comes down to it, try to be fair. Money can be a very emotional thing, but if you've been married to someone who has been a stay at home spouse for a number of years, or is ill, or has other issues, be a decent person and pay what you can afford. Conversely, if you really do not need the money, don't seek alimony just to stick it to the other person, act like an adult, and play fair.

















