How Maintenance and Alimony Considerations Works

by | Jul 11, 2016 | Lawyers

The first consideration while settling a spouse’s alimony obligation may be the capability of paying alimony. The court will look at a spouse’s gross income and decrease it by subtracting every mandatory deduction to obtain their net income.

Capability of Earning

Both parties capability of earning is taken into account in regards to alimony awarded. The courts do not only consider what a party actually, yet additionally considers what their possibilities for earnings are.

Capability of Self – Support

Whether or not a party has marketable skills and has the ability to work outside of the home is another thing the courts take into consideration. Having custody of pre – school aged kids and no accessibility to daycare might make it impossible for a partner to work outside of the house.

Standard of Living while Married

As the court establishes alimony, they often times consider the standard of living within the marriage and attempt to maintain that standard for both parties when possible.

Duration of Marriage

If the marriage is short and there are not any children, the courts often times refuse to reward alimony.

Tax Consequences of Alimony

For purposes of federal income tax, alimony that is paid underneath a written court order will be deductible by the party who pays and is taxable to the alimony’s recipient. On the flip side, child support is tax – free to a recipient and not deductible by the partner who pays.


If a court orders a party to pay a massive part of the marital debts, this often decreases the quantity of alimony the partner is required to pay.

Professional Degree of License

A partner might request and obtain compensation in the form of alimony for every one of the years she/he worked while the additional spouse was in school.

For more information on how maintenance and alimony considerations works, contact Michael C. Craven at (312) 621-5234.

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