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When a married couple files for divorce, one party often ends up with a recurring form of compensation known as “alimony” or “spousal maintenance.” Ultimately, these funds are designed to help one ex-partner maintain a standard quality of life if they depended on their spouse’s income during the marriage. However, these payments are not awarded in a “one-size-fits-all” fashion. Instead, they are tailored to the specific circumstances of the case and the parties involved. If you’re curious about this important aspect of divorce law, here are five frequently asked questions about alimony that you should review.

A Brief Guide to Spousal Maintenance 

Could I be entitled to alimony? 

To receive alimony, you generally must have a valid claim to your ex-spouse’s income. 

alimony

For example, people are commonly given spousal maintenance if they:

  • Were in the marriage for a considerable amount of time.
  • Earned less than their ex-spouse and depended on that income to maintain certain aspects of living—such as to cover housing and medical costs.
  • Supported their partner so they could earn a higher income—such as by working while the partner earned a degree or by being a stay-at-home parent while the other worked.

How are award amounts decided? 

Unless there is a prenuptial agreement that outlines mutually agreed upon terms for compensation, divorce law has no one specific guideline for determining alimony. Instead, these amounts are decided based on the receiving party's basic financial needs and how long the marriage lasted. 

How long are alimony awards enforced? 

Courts determine enforcement periods for each case. In some cases, alimony may only be ordered for a specific period that allows the receiving party to establish their own source of income. However, if the receiving party has permanent support needs—such as to care for a medical condition—the award may be enforced indefinitely.  

Typically, a person will no longer receive spousal maintenance payments if they enter a second marriage. 

Can spousal maintenance be modified? 

After a divorce is finalized, either party can petition to modify alimony terms. The distributing party, for instance, may request a decrease if they experience a permanent drop in income. Recipients, on the other hand, may petition for an extension if the award period is about to expire and there is still a clear need for compensation. 

What are the tax implications? 

If you receive alimony payments, you must count them toward your taxable income. If you provide alimony, you can deduct the payments to minimize your tax liability.

 

Whether you’re concerned about alimony or child support, the Law Offices of Lenkowsky & Fontenot is a reliable resource when you need help navigating various aspects of divorce. Practicing family law in Bullhead City, AZ, these experienced attorneys will build a case to support your best interests and provide representation to ensure your rights are protected in court. Visit this law firm online to learn more about these services, or call (928) 758-4815 to arrange a convenient and confidential consultation.

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