Alimony...who gets it and for how long?
Alimony and spousal support mean the same thing; that is payment from one spouse to another spouse. The question is: Is alimony always awarded?
Deciding whether a spouse should receive alimony and if so, how much, is based on need, the ability of the other party to meet that need, the length of the marriage, and previous lifestyle.
The court will assess whether the recipient will have enough money to live after the divorce is final. To make this determination, the court will likely assess the recipient's earning ability, earnings from property received in the property division and additional sources of income.
However, just because one party may need spousal support does not necessarily mean that the other spouse can afford to pay spousal support. In assessing whether the other spouse has an ability to pay alimony, the court will look at what he or she needs to live and whether he or she can afford to pay alimony to their spouse.
Alimony is deductible from the paying spouse's total adjusted gross income in their tax return, and is includable as ordinary income by the recipient on their tax returns. Note that child support is just the opposite in that it is not deductible and the recipient need not include it as income.
The length of a marriage factors into whether alimony is appropriate in any given situation. The longer the marriage, the more likely alimony will be awarded. Correspondingly, if a couple has only been married two years, alimony may not be awarded.
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