A St. Petersburg Divorce Attorney Helps With Alimony Payments
Alimony is the right of a spouse to receive money from the other spouse whenever the divorce court determines that the circumstances of the divorce warrant it. Generally the court will order alimony payments if a long term marriage ends. Alimony is also known as spousal support. Alimony means the court ordered payment that one spouse makes to the other spouse after a divorce. Alimony payments can be periodic at regular intervals or in a lump sum. Period alimony payments can be indefinite or for a particular period of time. The objective of alimony is to assist the other spouse become financially self sufficient. Alimony generally terminates when the receiving spouse dies or remarries. A St. Petersburg divorce attorneys can assist you get alimony payments if you are located in Tampa Bay or Pinellas County.
Types of Alimony
Usually there are three types of alimony or spousal support:
- Permanent alimony – The receiving spouse is entitled to receive the alimony until he or she dies or remarries.
- Temporary alimony – The alimony payments are made for a particular period of time. The goal of temporary alimony is to assist the receiving spouse to be independent once again.
- Rehabilitative alimony – The court will grant rehabilitative alimony when one spouse has lesser employment or earning capacity than the other. The payments generally continue until the spouse with lesser employment or earning capacity adjusts to post divorce life.
A St. Petersburg FL divorce attorney can review your circumstances and determine the type of alimony that is best suited for your requirements.
In a contested divorce where the spouses cannot agree on the issue of alimony, it will be decided by the court. The court will determine whether the spouse claiming alimony is entitled to receive alimony. If the court determines that the spouse claiming alimony is entitled to receive alimony, the court will also fix the amount of alimony that must be paid. The duration of the marriage, the living standards and financial condition of the spouses, the conduct of each spouse during the marriage, etc will influence the court’s decision. A St. Petersburg divorce attorney will ensure that you get the alimony payments you are rightly entitled to.
Alimony or spousal support is the payments ordered by the divorce court when the court determines that the circumstances of the divorce warrant it. It is paid by one spouse to the other. When a long term marriage ends in a divorce, the court will generally direct payment of alimony. Just because the spouses are seeking a divorce and one of the spouses requests for alimony payments, it does not mean that the court will order alimony or spousal support payments. The court will review various factors including the ability of the other spouse to make the payments. In certain cases the court can direct payment of alimony prior to the final divorce decree.
Change in alimony payments
The court can order subsequent changes to the alimony payments if either spouse petitions the court for change of the order. The spouse making the alimony payments can petition for lowering the payments while the spouse receiving the alimony payments can petition for an increase in the amount or frequency. The court will change the order only if the petitioning spouse can prove significant change in the circumstances, for example a significant rise in the income of the other spouse. When the receiving spouse dies or remarries, the alimony payments will cease. However the spouses can mutually agree that the alimony payments will continue even after remarriage. Alimony payments will cease when the paying spouse dies but in certain cases the heirs may have an obligation to continue the alimony payments. So if you are paying alimony to your spouse, you can deduct alimony from your tax return whereas if you are receiving alimony from your spouse, you must include it in your tax returns. A St. Petersburg divorce attorney can help you modify your alimony payment order if there is any change in the circumstances.
Tax Issues
There is tax issues associated with alimony or spousal payment. Alimony is tax deductible for the paying spouse. The receiving spouse must include the alimony in his or her tax returns. A St. Petersburg divorce attorney can advise you on the tax issues of alimony.
Contact a St. Petersburg divorce attorney. The attorney can review your case and let you know if you are eligible for alimony. There are many lawyers in Tampa but if you want the best advice on alimony, contact a St. Petersburg FL divorce attorney.
For caring and aggressive representation in cases of divorce, abandonment, child custody disputes, and alimony, The Coleman Law Group stands ready to help you. Please phone us today at 727-214-0400.
