Alimony can be a confusing aspect of divorce. If you have been awarded alimony, you may wonder why the amount is not higher. If you have been ordered to pay alimony, you may wonder why you have to pay at all. Connecticut Divorce attorney Alexander H. Schwartz welcomes you to contact his Southport, Connecticut, office with any questions you may have.
Alimony is sometimes known as spousal support. It is a monetary payment that one spouse makes to the other as a form of support following a divorce.
“When a couple divorces after building a comfortable lifestyle together, a court may require the higher earner—whether the husband or the wife—to assist the lower earner in maintaining that lifestyle for at least some period of time,” says DivorceNet.
Thus, alimony payments are meant to help him or her get by in the meantime.
Connecticut also allows for alimony to be paid following an annulment or legal separation. Not every state allows this, since annulments are not divorces. Another quirk in Connecticut alimony law is that it may be granted on an indefinite or lifetime basis. In such a scenario, the court is required to explain why it has granted alimony for an indefinite period of time. According to DivorceNet, alimony for an indefinite period “is becoming increasingly rare,” as courts aim to make alimony more rehabilitative while the other spouse looks for work.
Alimony also has an effect on taxes. The spouse who pays it gets to deduct it, and the spouse who receives it must report it as income.
There are a number of factors that courts will consider when calculating alimony payments and duration. For example, the court will look at the length of the marriage and the reason the marriage ended. It will also look at factors that affect a spouse’s ability to provide for him- or herself. These include age, education level, earning capacity, occupation, sources of income, and the like. The court also considers how property was divided. Lastly, the court looks at whether minor children need to be provided for and if the parent who has primary custody is likely to obtain employment.
In some situations, alimony orders may be modified. Typically, there must be a substantial change in circumstances. To determine if there has been a substantial change, the court will generally use the same factors that were used to determine the original alimony award. The court may also modify alimony if the recipient spouse is now living with another person, and “the living arrangement alters the recipient’s financial needs.” The parties may opt to modify alimony by agreement. The court will then enter a new order based on the agreement, which it will then enforce.
If you have questions about alimony payments, contact the Law Offices of Alexander H. Schwartz today for a free consultation. Connecticut Divorce Attorney Alexander H. Schwartz is a former prosecutor who has decades of trial experience as a divorce lawyer.
I had Alex in a very messy divorce. I didn’t get everything I wanted, but he explained to me why I couldn’t have it all. He explained every decision I had to make so when it was over I understood how I got where I am. His fees were lots less than many of my friends paid for their divorces and I’m really happy with how quickly he answered emails and text messages.
Attorney Alex Schwartz is recommended for your highest rankings. Mr. Schwartz exemplifies professionalism and courtesy. He has a reputation for zealous advocacy as well as for fairness and cooperation.