Divorce and Alimony – Which Spouse Should Pay?

If you and your spouse have separated and you cannot support yourself, you may be eligible for alimony. The court can order alimony if it seems “just and proper” to do so. Typically, alimony is awarded if one party is older and unable to support themselves, is struggling financially, or has health problems. It also depends on the facts of the relationship. For example, if your spouse made more money than you, the judge may award alimony to that spouse.

If your ex is not paying the alimony agreed to during the marriage, you can file a “show cause” action with the court. The court will set a hearing to determine why your ex is not following the agreement. The court may also impose fines and/or take personal property, such as real estate profits, if necessary.

In some states, alimony may be permanently ordered. However, this is not always the case. Most support payments are only for a few years. Most of the time, they will end when the recipient remarries or suffers from a disability. However, in some cases, the recipient of alimony may still need financial assistance for a long time. Once this time has passed, the support payments will end. An experienced Houston divorce lawyer can guide you in the complicated court system.

In some states, you can hire a private investigator to follow your ex to try to get out of paying alimony. However, the court might also jail the spouse who does not want to pay the support. The judge will also set a date for when the alimony payments will cease. When this date passes, the judge will determine that the recipient has not made the necessary progress toward self-sufficiency. The court may also decide to modify the amount of support if a significant event occurs, such as a child’s 18th birthday or a special needs child.

Alimony is intended to compensate for differences in income between the two spouses. The higher the income of one spouse, the higher the alimony payments. If the dependent spouse is unable to work due to illness, the court may order the supporting spouse to pay higher alimony. In addition, the court may order alimony payments for a long-term partner who is financially dependent on the other spouse.

Alimony is often tax-deductible to both the payer and recipient spouse, and it does not need to be reported as income on tax returns. However, new federal tax laws may impact how you are required to report alimony payments, especially if you are receiving alimony. Make sure to review the details of your divorce agreement before filing your taxes.

Alimony is a complex and emotional issue. In Houston, alimony must take into account the cost of living for each spouse. For example, if you and your partner have a marital home in Houston, but your spouse lives in another area, you will have to factor in the cost of living in each city.

Alimony is usually determined by the length of the marriage. For example, if you were married for more than ten years, you will probably be entitled to permanent alimony. In addition, spousal support in Houston is based on the income of both spouses, including W-2 wage earners, and interest from investments.

In some cases, alimony may last only for a few months or until the receiving spouse becomes fully independent. However, the duration of alimony can be changed by agreement between the parties. This includes situations where the paying spouse has already married again, or the recipient spouse has been living with a new partner for at least three months.

Alimony is often paid for a fixed time period. Oftentimes, it is intended to give the recipient spouse enough time to become self-sufficient. The duration of alimony is set by the Houston family court judge. Normally, alimony is granted for three years or less. After that, if the recipient spouse has a remarriage or cohabitates, the payee spouse may decide to end the payments. However, some judges may decide to make alimony permanent.

Alimony is meant to help support one spouse during the divorce process. To obtain alimony, the recipient spouse must demonstrate that they are in need of the support. Additionally, the paying spouse must be able to pay for it. This requires a formal application. An attorney can help you make the right request.