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Joseph R. Zoucha, Attorney & Counselor at Law

Alimony Archives

What do courts consider when calculating spousal support?

One of the most highly contested issues in a divorce is spousal support, or the amount one spouse has to pay the other spouse each month, post-split. In many cases, lesser-earning spouses and spouses who did not work outside of the home during the marriage are entitled to spousal support or alimony. Spousal support helps them maintain the standard of living they grew accustomed to while they were married.

New tax code may negatively affect alimony for divorcing couples

In an earlier post, we discussed how the new tax code will affect alimony nationwide. Alimony has always been difficult to determine, but according to some experts, the new tax code will likely make things even more difficult. In the past, each state had its own rules to determine alimony, but no matter where you were, the payer could deduct alimony on their taxes while the payee would pay income tax on it. However, under the Tax Cuts and Jobs Act, alimony will no longer be deductible for payers after Dec. 31, 2018. That means that people receiving alimony will no longer have to pay income tax on it.

How is alimony determined?

When a couple gets married, it is not uncommon for one spouse to stop working and devote his or her time to taking care of the home and family. We all know that taking care of children is a full-time job, often making it difficult to juggle both a career and a family. The courts recognize the sacrifice that is made when one spouse decides to forego a career to take care of the family, making it one of the considerations when determining alimony for one spouse in a divorce.