Alimony/Spousal Support F.A.Q.
IS ALIMONY TAXABLE AND/OR DEDUCTIBLE?
Where one spouse makes support payments to the other upon divorce or separation, unless otherwise stated, the payments are deductible by the paying spouse and taxable to the receiving spouse. However, IRS tax rules regarding alimony and the specific form alimony payments are made in is very complex and should be reviewed with your attorney prior to entering into any agreement regarding such payments.
I HAVE BEEN ORDERED TO PAY AN AMOUNT OF ALIMONY THAT I CAN'T AFFORD, WHAT ARE MY OPTIONS?
You can file a Petition for Modification of Alimony if there has been a substantial change in circumstances. It is imperative that you file this petition in a timely manner, as there are consequences for the non-payment of alimony.
WHAT IF MY FORMER SPOUSE DOES NOT REPORT ALL OF THEIR INCOME OR IS NOT EARNING AS MUSH AS HE/SHE COULD WITH REGARD TO CALCULATING ALIMONY?
The court has the ability to impute income to a former spouse. If it is shown that your former spouse is capable of earning more than they currently are, the Court will calculate the alimony obligation according to that higher amount. If you feel that your former spouse is not reporting all of their earnings, it will be your burden to prove that they are doing so.
IS IT POSSIBLE FOR A HUSBAND TO BE AWARED SPOUSAL SUPPORT?
Yes. In the state of Florida, a Husband or Wife may be awarded spousal support if the circumstances dictate.
MY SPOUSE AND I ARE SEPARATED BUT HE/SHE REFUSES TO PROVIDE ME FINANCIAL SUPPORT; HOWEVER, NEITHER OF US WISH TO SEEK A DIVORCE AT THIS TIME, WHAT ARE MY RIGHTS?
Whether you plan to get a divorce or have no such plans, we can assist you in obtaining temporary alimony.
Where one spouse makes support payments to the other upon divorce or separation, unless otherwise stated, the payments are deductible by the paying spouse and taxable to the receiving spouse. However, IRS tax rules regarding alimony and the specific form alimony payments are made in is very complex and should be reviewed with your attorney prior to entering into any agreement regarding such payments.
I HAVE BEEN ORDERED TO PAY AN AMOUNT OF ALIMONY THAT I CAN'T AFFORD, WHAT ARE MY OPTIONS?
You can file a Petition for Modification of Alimony if there has been a substantial change in circumstances. It is imperative that you file this petition in a timely manner, as there are consequences for the non-payment of alimony.
WHAT IF MY FORMER SPOUSE DOES NOT REPORT ALL OF THEIR INCOME OR IS NOT EARNING AS MUSH AS HE/SHE COULD WITH REGARD TO CALCULATING ALIMONY?
The court has the ability to impute income to a former spouse. If it is shown that your former spouse is capable of earning more than they currently are, the Court will calculate the alimony obligation according to that higher amount. If you feel that your former spouse is not reporting all of their earnings, it will be your burden to prove that they are doing so.
IS IT POSSIBLE FOR A HUSBAND TO BE AWARED SPOUSAL SUPPORT?
Yes. In the state of Florida, a Husband or Wife may be awarded spousal support if the circumstances dictate.
MY SPOUSE AND I ARE SEPARATED BUT HE/SHE REFUSES TO PROVIDE ME FINANCIAL SUPPORT; HOWEVER, NEITHER OF US WISH TO SEEK A DIVORCE AT THIS TIME, WHAT ARE MY RIGHTS?
Whether you plan to get a divorce or have no such plans, we can assist you in obtaining temporary alimony.