ALIMONY comes from the Latin word “alimonia” meaning a stipend of means of sustenance. Alimony is called “Spousal Support” in California, a nod to the higher number of working women who have larger incomes than their husbands. Most states now call is “Spousal Support” or “Family Support” or “Partner Support.”
Spousal support can be given temporarily or permanently. Temporary support is usually granted as soon as the parties separate and functions as a leavening agent for the raw emotions. A temporary order clearly explains the custody, visitation and support, and the parties can move on to the meatier issues.
Permanent support is granted if certain requirements are met, such as the relative ability of a party to earn income, The court’s temporary spousal support schedule is usually discretionary. Alimony can have tax consequences, which are favorable to both parties.
If two people have very disparate incomes, such as $150,000 vs. $35,000, the payor can claim the alimony on his taxes which lowers his owe tax rate. You might find that if the payor can deduct the alimony, they may be able to afford more than enough to compensate her for the extra tax she would have to pay.
MORINELLI & LIEBERMAN LAW GROUP provides flat-rate individual services that will lower your legal bill. It’s always better to consult an attorney and our fee-structure provides access to those who are not financially blessed. We can help you get an enforceable order for spousal support that will help you get along until you get a job of your own.
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