Regardless of whether the marriage was short-term or long-term, the support order is not usually considered a “non-modifiable” order. Instead, a support order may be adjusted (modified) up or down depending on the earning ability of the paying spouse or the need of the receiving spouse.
How do I agree for alimony?
First, you and your spouse can agree to change the amount and/or duration of alimony. If this happens, you should enter into a written contract that spells out the new agreement, and ask the judge to turn the agreement into an official court order. If you can’t agree, you’ll have to head to court.
Do you need information to negotiate alimony with your spouse?
Whether you’re the one who’ll be receiving or paying support, you need information to negotiate effectively. Otherwise, you can’t feel comfortable that the support you agree to is adequate for your needs—or consistent with your ability to pay.
What are the rules for alimony and spousal support?
For example, if a paying spouse earns $60,000 per year and the recipient earns $40,000 per year, the court may order spousal support payments to balance out each spouse’s finances. If the paying spouse sends the recipient a total of $10,000 per year in alimony, the result is that both spouses receive a total of $50,000 per year.
What do you need to know about alimony and taxes?
Just make sure your documents state the amount to be paid and describe it as alimony, spousal support, or spousal maintenance. The documents should also clearly label the payments as deductible by the payor spouse and taxable to the recipient spouse. Don’t characterize payments as child support or a part of a property settlement.
Can a lawyer help you with alimony in a divorce?
If you’re using mediation or collaborative law to resolve your divorce case, you can work with the professionals to figure out how much support is appropriate. If you’re in a contested divorce, your lawyer will help you come up with an amount to ask for based on what the judge is likely to consider.
