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What Is Maintenance (Alimony)?

Whatever your situation, you want to first understand the upkeep basics—what maintenance (or alimony) is strictly , when it’s appropriate, and the way the overall rules applying to maintenance will determine what happens to you.

In a nutshell, maintenance is support that one spouse provides to the opposite within the event of divorce or legal separation. Maintenance is decided , in large mea-sure, by the laws of the state where you reside . Some basic rules, however, are virtually universal:

Divorce Dictionary
Maintenance, or alimony, refers to payments made by one spouse to the opposite to help with the support of the recipient spouse. Payments usually terminate upon the death of either spouse or a date decided by a judge or prescribed by the husband and wife. they’ll also terminate upon remarriage or cohabitation of the supported spouse. Payments received are usually taxable for the recipient spouse and tax-deductible for the paying spouse.

A wife pays her husband alimony and the other way around . Gone are the times when only husbands paid wives support.
In many instances, these payments are time-limited, but in longer-term marriages, they will continue for all times .
Although you’ll negotiate otherwise, the payments are usually tax-deductible to the one that pays them and thought of taxable income by the recipient. Stated differently , what you receive could be reduced by virtue of taxes, whereas your payments may cost you less when the tax write-off is figured in. Have a tax professional or lawyer explain the wants of the interior Revenue Code’s section 71.

Requirements

ON YOUR SIDE

Safety Net for the Homemaker
It’s understandable that maintenance are often a key explanation for resentment following divorce, especially when it must be purchased years. apart from the very wealthy, helping to support not only one household, but two, is a unprecedented burden. For the one receiving the payments, meanwhile, the truth of a restricted lifestyle and dependency on an ex-spouse are often onerous, indeed.

Take the case of Patty and John. once they married, both were teachers. Three years later, when Vivian was born, Patty stopped working. Patty and John decided she would return to figure in four years, but then, that they had two more children, and 4 years became eight years. When all three children were finally in class , Patty not wanted to travel back to figure . During the varsity year, John took some coaching positions to form ends meet while Patty took care of the youngsters . within the summer, John did construction work while Patty took the youngsters to the beach. John resented Patty’s refusal to figure , but went by with it.

Now, Patty and John are becoming divorced. Patty would really like to figure , but there are not any jobs in her immediate area. Besides, she hasn’t taught in additional than eight years. She must take some refresher courses. John is panicking. He could barely pay the bills when he was supporting one household. Now, he’ll need to support two. It just doesn’t seem fair that he’s done all the work, and now he’ll need to do even more.

Patty is upset, meanwhile, because the family cannot afford to stay the house. Of course, if she had known they were getting to divorce, she would have kept working. She’s angry about the position she’s in.

Could this nightmare happen to you? Remember, simply because you’re divorcing doesn’t mean you’ll ignore decisions you and your spouse made about how you wanted to measure your married life. you would possibly be ready to eventually alter the course of these decisions, but within the beginning of a divorce, they’re the realities you’ve got to measure with.

Rules of Thumb

The basic rule is simple. The breadwinner spouse pays, and the nonbreadwinner cashes the checks. If you both worked or both have the ability to work and can easily get jobs, the chances are good that neither of you have to pay the other. If one spouse earns vastly more than the other, a certain amount of maintenance may be required as well.

In one case we’ve followed, a couple—a teacher and a police detective—were divorcing. Their salaries and benefits were comparable, and neither had to pay spousal support to the other.

Child support, which we cover in the next chapter, is a different matter. The teacher-husband had custody of the parties’ two children, and he was entitled to support from his wife, the detective, who earned somewhat more. Most states have a system where-by child support is determined by guidelines based on a percentage of the parents’ income and the number of children, the children’s needs, or a combination of the two. Check with your lawyer or your state’s website.

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Frequently Asked Questions

What are the numerous benefits of a mutual consent divorce?
  1. A mutual consent divorce removes unnecessary disputes thereby saving plenty of time as well as money for both the spouses.
  1. In addition, decisions pertaining to child custody, maintenance as well as property rights can easily be agreed upon mutually even before the marriage is dissolved.
  1. In a mutual consent divorce, the court simply confirms and legalizes whatever is mutually agreed upon by the couple.
Where can a couple file for a mutual consent divorce?

The couple can file for a mutual divorce in the Family Court of the city where the couple resided together for the last time, i.e. their matrimonial home or where the marriage was solemnized or where the wife is currently residing.

Are divorce laws different for different religions in India?

Yes, just like the marriage laws, divorce laws are also different for different religions in India. For instance,

  • Divorce laws for Hindus including Sikhs, Jains and Buddhists are provided under the Hindu Marriage Act, 1955.
  • Divorce laws for Christians are governed under the Indian Divorce Act, 1869.
  • Divorce laws for Muslims are governed under their personal laws of Divorce and Dissolution of Marriage Act, 1939 and the Muslim Women (Protection of Rights on Divorce) Act, 1986.
  • Divorce laws for all the inter-religion marriages are governed under a secular law i.e. the Special Marriage Act, 1954.

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