Alimony

When a married couple gets divorced, a family court judge may order one spouse to make monthly "alimony" or spousal support payments to the other, based either on a settlement agreement between the couple or a decision by the court itself.

In awarding alimony, the court considers all relevant economic factors, such as: the parties' prior standard of living; length of the marriage; age and physical and emotional condition of both spouses; each spouse's financial resources and income-producing capacity of the assets they receive; the time necessary to acquire sufficient educational training to find appropriate employment; and the services rendered in homemaking, child rearing, and education and career building of the other spouse.

There may be some tax advantages to using alimony, specially when the spouses have dramatically different incomes. Alimony gets treated differently from child support on your tax return. Alimony is tax deductible to the person who pays it, and included in the taxable income of the person who receives it. Child support, by contrast, is not taxable to the person who receives it and not tax deductible to the person who pays it.

The court may consider any other factor necessary to do equity and justice between the husband and wife. You have the right to find out about all your spouse's income and assets through the use of discovery procedures which your attorney will explain to you. Call the Law Offices of Jorge L. Gonzalez, P.A. at (305) 227-4700 (Miami), or (305) 888-7177 (Hialeah) for a free consultation.

 
 

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