A divorce can be a complicated and emotional process. It’s important to understand the rules that govern your divorce so that you can make the most informed decisions about your future. One of these factors is alimony, which is money paid by one spouse to another after a divorce.
centralchamberslaw.com will tell you about what alimony is, how it is decided, and other information that is important and connected to alimony.
What is Alimony
Alimony is a type of court-ordered financial support in which one spouse pays the other a fixed amount of money each month. It can be paid by one spouse to help pay for the other’s living expenses and debts, or it can be paid in exchange for the other spouse agreeing to stay at home and take care of the children.
Why Should Alimony Be Paid?
Alimony is a form of financial support for a spouse who needs help after the divorce. It can be paid to the spouse who earns less and helps them get back on their feet, or it can be paid to help keep up with expenses.
In general, alimony is awarded according to what’s best for each spouse in their situation (and usually takes into account things like marital misconduct). However, there are certain situations where alimony may not be appropriate:
- If one spouse has been able to earn more than the other before the marriage broke down.
- If one party has been paying child support at least until recently before separation.
- If one party was previously unemployed but now works full-time again after separation.
- If one party owes significant amounts in debt from using credit cards during the marriage.
How Is Alimony Decided
In the United Kingdom, alimony is decided and calculated in line with the Matrimonial Causes Act 1973 (the “Act”). The amount awarded will vary depending on many factors, including:
- The length of time that has passed since the divorce was finalized.
- The age and health of each party at the time of separation.
- Whether you have children from both marriages and whether they have been financially supported by one or both parents during their childhood period. If not, then this could affect how much child support is payable by one spouse or another relative who may be caring for the children at any given time in an attempt to make up for lost income due to divorce proceedings.
In some cases, this amount may even surpass what was originally agreed upon when couples married initially as well as subsequent changes made later (such as increases due either because inflation has risen or because wages go up faster than expected).
- Your health status at the present time (if applicable), which includes any physical conditions such as arthritis etcetera caused by previous injuries sustained while working before marriage – these should also be considered carefully!
Is it possible for alimony or spousal maintenance to be changed?
In the UK, it’s possible for alimony or spousal maintenance to be altered if there are any changes in the circumstances.
- The payer has a change in income. This can happen if you get a better-paying job and are no longer required to pay as much support as before (for example, if you earned enough to live off your own earnings)
- The payer is paying alimony to more than one person. If this happens, any extra money that goes into their account can be used by them without restrictions on how they spend it, however, they’ll need permission from both spouses before doing so, either through written agreements or verbal agreements, depending on what type of relationship(s) exists between all parties involved.
Is It Possible to Stop Paying Alimony or Spousal Maintenance?
If you can’t afford to pay alimony, there is a chance that your ex-spouse might be able to ask for a change in the amount. However, it may be difficult for them to do so because they will need proof that you cannot afford it and evidence about their income and financial situation.
Suppose your ex-spouse wants an increase in spousal maintenance payments because he/she has found another partner or started living with someone else (and thus no longer needs support). In that case, this can be possible, provided certain conditions have been met. For this process to work successfully, however:
- You must prove that your former spouse is cohabiting with somebody else financially independent of both parties’ incomes.
- You must show through documentary evidence that the new relationship was formed primarily out of convenience rather than love.
- There must exist some form of mutual commitment between both individuals involved
Can You Stop Paying Alimony?
If you can’t afford to pay alimony, there is a chance that your ex-spouse might be able to ask for a change in the amount. However, it may be difficult for them to do so because they will need proof that you cannot afford it and evidence about their income and financial situation.
Suppose your ex-spouse wants an increase in spousal maintenance payments because he/she has found another partner or started living with someone else (and thus no longer needs support). In that case, this can be possible, provided certain conditions have been met. For this process to work successfully, however:
- You must prove that your former spouse is cohabiting with somebody else financially independent of both parties’ incomes.
- You must show through documentary evidence that the new relationship was formed primarily out of convenience rather than love.
- There must exist some form of mutual commitment between both individuals involved.
In some cases, alimony may be tax deductible for the recipient and taxable income for the payer (although this varies by country). In other cases, it’s treated like child support or spousal support, neither party pays tax on their share of these payments.
It’s important to remember that these laws are only as good as the people who make them. If you feel like your spouse is receiving unfair treatment regarding alimony payments, speak to one of our experienced family law attorneys about your options.
