Alimony FAQS

What impact can dating have on postseparation support?

The impacts in this arena could be quite severe, depending on: how long you have been dating other person(s) whether you are the “dependent” or the “supporting” spouse whether the dating began before or after the date of separation and whether the dating can be shown to embrace “illicit sexual behavior” or some other marital […]

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Can my spouse quit working to avoid paying alimony?

How do some spouses avoid paying alimony? It’s actually much harder to achieve than one would think. Alimony is based off of the earnings of both spouses and the quality of life experienced during the marriage versus what the dependent spouse would earn independently. In short, the only way to pay less money on alimony […]

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What are the “conditions” of the parties involved?

The “condition” of the parties includes: age health physical well-being and other such circumstances The court must consider the parties’ accustomed standard of living for the reason that alimony should be in an amount that allows the dependent spouse to have an economic standard established by the marital partnership during the years the marriage was […]

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Can an alimony decree be enforced?

The enforcement of an alimony decree is governed by statute, which provides for various avenues of relief, including: the remedy of arrest and bail the remedies and attachment and garnishment the remedy of injunction receivership enforcement by proceedings for civil contempt and the punishment of disobedience by proceedings for criminal contempt and execution, execution sales […]

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Is alimony taxable?

Until recently, alimony was deductible by the payor spouse and reportable as income to the dependent spouse. As of 2018, under federal and state income tax law with regards to alimony, the new tax code change repeals the law that allowed the payor of alimony to make tax deductions on their alimony payments, thereby making […]

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Can spouses testify against one another in an alimony action?

There are other devices that may limit the impact or admissions of fault evidence. More generally, a spouse may also use the other spouse’s provocation or one’s own lack of willfulness as a defense to fault allegations where applicable. It may also be possible to keep certain evidence from being admitted at an alimony trial. Although […]

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