Why are alimony payments a thing?

The purpose of alimony is to limit any unfair economic effects of a divorce by providing a continuing income to a non-wage-earning or lower-wage-earning spouse.

What are alimony payments based on?

As noted, alimony is generally based largely on what each of the divorcing spouses “reasonably earn.” That means that if a person is deliberately working at a job that pays less than what he or she could earn, the courts will sometimes figure the alimony amount based on a higher figure, in what is referred to as …

Can you reject alimony?

Parties may agree to any alimony arrangement that they wish without having to have the judge decide the issue. The parties’ agreement should be reflected in the court order. If there is not a written agreement or a court order, your spouse can stop paying alimony at any time.

Is spousal support negotiable?

In California, some spouses do not have a formal spousal support order while their divorce is pending. For alimony post-divorce, California looks to several factors including the ones mentioned above. Ultimately, it is a negotiation but there is quite a bit of law to help guide those discussions.

What should I ask for in alimony?

FAQs about Negotiating Alimony:

• How to prepare yourself before getting alimony?
• How much money will I need after divorce?
• Will I get alimony if I remarry after divorce?
• Do courts allow alimony on the basis of spouses income?
• Can I change the amount of my alimony?
• What happens to alimony if my spouse loses his job?

Do you have to pay alimony to a higher earning spouse?

It is rare that the higher-earning spouse will be given alimony payments, so it is a good time for you to consider just how much money you truly need to cover your expenses each month. If you earn more than your spouse, it is likely you will be responsible for making alimony payments.

Is alimony or separate maintenance included in my gross income?

Alimony and separate maintenance payments you receive under such an agreement are not included in your gross income. A payment is alimony or separate maintenance only if all the following requirements are met:

Can I avoid paying alimony in the future?

After years of making regular alimony payments to their ex-spouses, many divorcees want to find ways to avoid paying alimony in the future. Depending on the terms of the divorce and recent circumstances, changes to the alimony arrangements may be possible. There are several types of alimony, sometimes called spousal support or maintenance.

Are alimony payments tax deductible in NY?

Under the new law, alimony and separate maintenance payments are not deductible by the payor spouse and are not includible in the income of the payee spouse. The effective date of this provision is delayed by one year. It is effective for any divorce or separation agreement executed after December 31, 2018.