Readers ask: How Soon Can You Readdress Alimony Payments?

Can alimony payments be retroactive?

California’s laws generally allow an alimony order to be retroactive to the date the spouse filed his or her request for order. Some spouses may argue the initial order should be retroactive to the filing date of the petition for divorce or legal separation.

How long does an ex husband have to pay alimony?

Generally, for short-term marriages (under ten years), permanent alimony lasts no longer than half the length of the marriage, with “marriage” defined as the time between the date of marriage and the date of separation. So, if your marriage lasted eight years, you may expect to pay or receive alimony for four years.

Is it a good idea to pay alimony upfront?

In most cases, lump sum alimony will be an option if the paying spouse would prefer to do it this way. A lump sum payment could also be desirable for the receiving spouse. The recipient may prefer to receive the total amount of his or her owed spousal support at once rather than having to wait month to month.

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Can you fight spousal support?

You can fight alimony and you can win! This is the most common way that a spouse can fight alimony – when another spouse lies about their married standard of living. When a spouse is required to pay alimony that he or she believes is unfair, an attorney can request reconsideration by the court.

Can spousal maintenance be backdated?

You can apply for spousal maintenance as soon as your petition has been filed at court and any order for spousal maintenance can be back dated to the date of the petition.

Do you have to pay alimony if your spouse refuses to work?

A judge may order you to pay spousal support for a set period of time, to give your spouse time to get back to work. If your spouse is capable of work but refuses to get a job, that is no longer your problem once you have fulfilled your court obligations for paying support.

Does living with someone affect alimony?

Yes. Cohabitation terminates alimony as long as the couple is living together on a continuing and conjugal basis. Paying spouse must file a motion for termination of alimony. The paying spouse can stop paying as of the date a court finds the cohabitation began.

Can ex wife come after new wife’s income?

Since California is a community property state, the parent must include one-half of the couple’s community property on his or her tax return. The new spouse’s income could push the ex-spouse’s salary into a higher tax bracket, which could affect the after-tax income and thus the amount of child support owed.

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How is alimony buyout calculated?

At a glance, calculating a spousal support buyout seems pretty simple. You take the amount you would need to pay and then multiply it by the amount of periodic payments you would need to make.

Is lump sum alimony taxable in 2020?

The current tax law changes regarding received alimony payments do not apply to you on your 2020 Tax Return or any tax return before or after, if your divorce or separation agreement was finalized during 2018 or any prior year.

Can you pay alimony in a lump sum?

In California, it is possible to receive lump sum spousal support. This is done when your former spouse decides to pay the entire amount of spousal support to you at one time instead of each month over a period of time determined by the court.

Can my wife take everything in a divorce?

She can’t take everything from you, but only her share of community property that is acquired during marriage. Your separate property won’t go to her unless in some specific cases like family businesses.

What disqualifies a spouse for alimony?

Here are some cases in which California spousal support may be denied: The spouse is able to earn a sufficient income to maintain the standard of living enjoyed during the marriage. The lower-income spouse has separate property or assets that are enough to provide support. The lower-income spouse was abusive.

Is spousal support and alimony the same?

Alimony and spousal support are the same thing. Alimony is a more dated and archaic term that means the ex-husband or ex-wife maintains the lifestyle of their former spouse after marriage for a certain amount of time. In California, it is most often referred to by the courts as spousal support.

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