SPECIAL ADVERTISING SECTION PROFILES Ask the Attorneys
Stein Sperling Bennett De Jong Driscoll PC
Will I will have to pay alimony?
Alimony is determined based on one spouse’s reasonable and necessary needs and other
party’s ability to contribute to those needs after his or her own needs have been met. Unlike
child support, there are no sanctioned “guidelines” or calculators for the determination.
Instead, in determining the amount and the duration of the alimony that should be awarded,
the court looks at each parties’ financial statement along with a number of other factors, such
as the marriage length, age of the parties, health of the parties, ability of the spouse seeking
alimony to be self-supporting, circumstances that led to the breakdown of the marriage, and
the standard of living the parties established during the marriage.
There are two types of alimony—rehabilitative and indefinite. Rehabilitative alimony is for
a set period of time. Indefinite alimony has no pre-determined time limit.
Alimony ordered by the court is always modifiable in amount and in duration. When
alimony is determined by an agreement between the parties, the parties can agree on whether
alimony will be non-modifiable or modifiable.
If I receive alimony, will I have to pay taxes on it?
The new Tax Cuts and Jobs Act changes the way alimony is handled starting in 2019 to
become tax neutral—or nondeductible to the payor and tax-free to the recipient. However,
divorce or separation agreements executed prior to 2019 (including subsequent modifications) will preserve the old tax treatment.
Stein Sperling’s Family Law team understands the personal and financial
difficulties individuals face during a
divorce. With over 100 years combined experience handling issues of
separation, divorce, custody and the
distribution of marital property, our
attorneys utilize a sensitive approach
together with the determination and
expertise needed to achieve clients’
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