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Understanding Alimony

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Often times in a case of divorce or legal separation, one spouse may be required to pay the other alimony, or spousal support. Alimony is not to be confused with child support, which is a whole separate issue. Alimony is specifically financial support from one spouse to another.



Historically speaking, alimony came about during a time when divorce was rare, and separation was more common. Because the couple was still legally married, it was viewed that it was still the husband's obligation to continue to financially support his wife. Hence, the laws of alimony were born. However, these days with men and women being considered equals, court now take both parties into consideration and it is not uncommon for a woman to have to pay alimony to her separated or divorced partner.

There are many issues that are taken into consideration to how alimony will be granted. If you are seeking alimony, or your spouse is seeking alimony from you, it is best for you to hire a lawyer school in Family Law, to help you understand the basics of the laws involving alimony. Family Law lawyers can also help give you a better grasp of what the court is going to look at when determining how to grant alimony support.

Just a few of the issues that can affect whether you receive or must pay alimony include the length of your actual marriage, how long you have been separated, the relative income of the spouses involved as well as a prospective of their future financial income. The courts will also take into consideration if the marriage was broken by fault of one of the spouses. In the United States, there are laws in place that can considerably affect whether one is granted alimony if it can be proven that one party was at fault by means of extra-marital affairs or other issues.

There are other laws in place concerning alimony that a person needs to understand as well, and it is with these laws that hiring a Family Law lawyer is extremely beneficial at times. An alimony agreement is not a set in stone arrangement, and there are circumstances that can cause the agreement to be absolved or change. For instance, if the person receiving the alimony chooses to marry again, the payer may be able to request that the agreement be removed. However, it is important to note that in most situations, the courts are extremely reluctant to modify these agreements unless a compelling argument can be raised.

Alimony can also affect your taxes, so you should consult with a Family Law lawyer for this as well, so that you may understand how your finances will be affected. Alimony is viewed as a source of income for the person receiving it, and must be claimed on their income tax information. On the other end of the situation, the payer may be able to claim these payments as a tax deduction. There are of course exemptions to these issues that a Family Law lawyer can better help you understand.
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