Spouse Pension Support – A Duty for Both
In the U.S. the laws that apply in a divorce fall under the jurisdiction of each state. Some things may vary from state to state but which is usually constant when the alimony of the spouses is meant is that this can be paid by both the husband and the wife.
In case of divorce and these will be minor children recipients of maintenance payments, alimony, or as it is called in English “Child Support. This is usually paid to the representative who is left in charge of children (usually the mother), but sometimes problematic met and has serious consequences if not met. When speaking of “Alimony” is the former spouse’s pension, not the children and this means other set of considerations.
Alimony is the payment of maintenance to a spouse and may be determined by the divorce court, in response to a request from one of the spouses, or by mutual agreement of the parties involved in the form of a convention. The purpose of the stipend is to provide sufficient revenue for the spouse who is affected economically by the separation either during the marriage because he dedicated his efforts to care for the family or because it perceives underpaid for their work to survive on their own or as a life would be greatly affected.
“Although today there are more families in which women and men work outside the home, payment of alimony for a wife to a husband is still a minority. Just because they both work does not always mean they are on the same terms of income and therefore the disadvantaged spouse can qualify to receive as alimony, “said Marilyn Columbus attorney and partner in the firm Marilyn Columbus PA Miami, Florida.
How, When and who determines the amount and award of alimony?
How and when will depend on the laws of the state where the divorce occurs. For example, in Florida, “those involved can agree in advance how they will handle this situation without waiting for the judge’s decision. If you do not agree, then submit the intention to claim the payment before the divorce hearing in court, “said Marilyn Colon.
This claim can be made whether or not there are children in marriage. Determine the amount of spousal support pension is a function of the divorce judge to what is commonly considered variables such as:
* The age, physical condition, emotional state and economic situation of the ex - spouse.
* The time required for the recipient spouse that through retraining and education can be self-sufficient economically.
* The standard of living the couple enjoyed during their marriage.
* The duration of the marriage.
* The ability of the spouse who must pay child support to ex-husband (a) and its capability of being able to maintain itself.
Types of alimony
The decisions imposed by the court can be appealed or not depending on the type of alimony. “In the case of pension is known as temporary or periodic maintenance, this will pay for a certain time,” X “months or years” if the conditions that were used to determine changes before that time, an appeal the amount with the court and get to change this, “described the expert.
The type of alimony is called “crossing the bridge (” Bridge the Gap “) is usually for a short time, until the affected individual to regain its ability to self-support. The pension for permanent and irrevocable spouse, well, are more difficult to be varied. A permanent alimony shall continue until the recipient spouse marries or dies who pays.
It’s like if you’re paying the pension remarries. Needing money to support retire a new family is not deemed a reason to adjust the pension payment. “Now, if the spouse who pays you lose your job or lose your own business conditions have changed through no fault of his party may request a review of the amount if this was decided by the court. An alimony agreement decided by mutual agreement can not be altered in this way, “said Colon.
Financial implications of alimony
Any type of alimony that is not paid will accumulate as a debt and is one of the few types of debt that does not disappear even with a bankruptcy.
“The money is not paid it accumulates and if the court finds this not to pay as a contempt-and that is not paid for convenience, not because of inability to pay - can set a purge amount to completely can not be canceled result in jail, “he said Colon. “Alimony and maintenance payments for children are two debts for which wages can be garnished and that the court may make an insulting and irresponsible to send to jail.”
The payment of alimony can be tax implications and will depend on how the agreement was established. If by mutual agreement before the divorce, the spouses may decide to declare or not fiscally. It may be beneficial for both not having to make the declaration.
When assigned by the court is obliged to be declared to the tax. No need to attach proof, just use paying Social Security No. of both.
The amount of alimony may also depend on whether this will be declared or not the Treasury. If declared, it is likely that requires adjusted so that the recipient gets the net money you really need. When you play you pay a tax credit.
A post-nuptial contract
There are some cases where one spouse works while the other studies with the goal that finished the race when that result in benefits to marital property, but if they divorce almost certainly can not recover that investment in payment of alimony, a situation that is more common than it seems.
“These cases are very common among couples who are studying medicine. One, often the wife works while the other graduates. If the marriage survives, the spouse who has been working not claim that did not work to pay alimony, and the graduate’s earnings are better now. ”
What to do in Columbus recommends these cases is that if one goes to school or going to devote to developing their own business, etc., Retirement investment of time and money, sign a post nuptial agreement to determine what happens to marital property in the event of a divorce from a specific point, for example, from start to study and include expectations about the point of alimony.