If Anybody Ever Needed Alimony . . .

It’s difficult to fathom what the trial court in Madison County was thinking when it decided to deny alimony to a wife in a 22-year marriage whose total income was about 13% what her husband made. Here’s the case: Seymour v Seymour, Case No. 2150915 (Ala. Civ. App. June 30, 2017). The wife appealed, so … Continue reading “If Anybody Ever Needed Alimony . . .”

What Are the Sources of Alimony in Alabama?

Alabama courts have consistently held that determining the appropriate amount of alimony to order in divorce is a three-step process: deciding whether the recipient spouse needs it; deciding whether the paying spouse can afford to pay it; evaluating any equitable principles that should cause it to be increased or decreased. When it comes to that … Continue reading “What Are the Sources of Alimony in Alabama?”

Alimony in Gross Must Not Exceed Present Estate

A pair of recent Alabama cases stand for the same principle, so we’ll combine them in the same note. It takes nerve to appeal an award of $5,000 on the grounds that you don’t have it. And yes, this husband must have nerve. In Pylant v Pylant, Case No. 2150787 (Ala. Civ. App. February 10, … Continue reading “Alimony in Gross Must Not Exceed Present Estate”

Ohio Divorce FAQs – Alimony

This is about alimony after divorce in Ohio, including when courts order alimony, how the amount of alimony is set in Ohio, and how and when Ohio courts stop alimony once it’s awarded. This information is from Thomas J. McGuire, theDivorceInfo Network Lawyer for Ohio. Click here to visit his web site. When does alimony get paid? … Continue reading “Ohio Divorce FAQs – Alimony”

Alaska Divorce FAQs – Alimony

This is about alimony after divorce in Alaska, including when courts order alimony, how the amount of alimony is set in Alaska, and how and when Alaska courts stop alimony once it’s awarded. This information is from Steve Pradell, the DivorceInfo Network Lawyer for Alaska. Click here to visit his web site. When does alimony get paid? How … Continue reading “Alaska Divorce FAQs – Alimony”

Reserving Alimony for Debts

If your spouse is going to pay off joint debts or debts in your name, there’s a simple step you can take that may help you if your spouse later bails on you or files bankruptcy. If your spouse promises to pay your debts (or joint debts) in the divorce, that’s only binding between you and your spouse. … Continue reading “Reserving Alimony for Debts”

Alimony in Texas

This is a description of alimony (called “maintenance”) in Texas from  Jimmy Verner, a family lawyer at Verner, Brumley, Mueller Parker in Dallas. He’s been kind enough to allow me to share it with you. Maintenance (a/k/a Alimony)  Effective date Purpose What is “Maintenance” How do you get maintenance? Presumption against maintenance How much? How long? Factors to … Continue reading “Alimony in Texas”

Alimony Fixed as Child Support

The incentives are strong to use alimony in divorce for what is really support of children. Congress doesn’t like that. The result is a tangled system of principles that can sting an unwary taxpayer. The test for alimony fixed as child support is actually three separate tests. Let’s talk about them in increasing order of complexity: You can’t call it child support … Continue reading “Alimony Fixed as Child Support”

Excess Alimony

Congress recognized the temptation to characterize property settlements as alimony, so the 1984 Tax Reform Act contains provisions calling for the recapture of “excess” alimony (that looks too much like a property settlement). Specifically, the rules provide that if alimony is excessively “front-loaded” (concentrated too much in the first two years of payments), the payor spouse … Continue reading “Excess Alimony”

Alabama Divorce FAQs – Alimony

This is about alimony after divorce in Alabama, including when courts order alimony, how the amount of alimony is set in Alabama, and how and when Alabama courts stop alimony once it’s awarded. This information is from me, Lee Borden, the webmaster here at Divorceinfo.com. You can click here to read about me or here to read about my law firm, Alabama … Continue reading “Alabama Divorce FAQs – Alimony”

Arizona Divorce FAQs – Alimony

This is about alimony after divorce in Arizona, including when courts order alimony, how the amount of alimony is set in Arizona, and how and when Arizona courts stop alimony once it’s awarded. This information is from Alexander Nirenstein, the DivorceInfo Network Lawyer for Arizona. Click here to visit his firm’s web site. When does alimony … Continue reading “Arizona Divorce FAQs – Alimony”