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6 Common Misconceptions about Alimony

 Posted on February 27, 2018 in Family Law

shutterstock_526811452Spousal support, or alimony, occurs when one spouse pays another in a divorce. The purpose of alimony is to reduce any unfair economic advantages one spouse has over the other.

Courts will evaluate the financial situation of each spouse before and after the divorce in order to determine alimony eligibility and amount. We have compiled this list of six of the most common misconceptions about alimony so that you can gain a greater understanding of what it is and how it works.

Men are always the ones paying alimony. In the past, it was common for men to pay alimony. However, since more and more women are the primary breadwinners in today's society, it is becoming more common for women to pay alimony to their husbands.

  1. Alimony is permanent. Contrary to popular belief, alimony is based on the length of a marriage and does not last forever. In many cases, it is only awarded for a short period of time. It may stop once a spouse reenters the job market and is able to support themselves without any assistance.
  2. There cannot be any changes made to an alimony agreement. Alimony can be modified for several reasons. For example, if circumstances change and the spouse paying alimony loses their job or the spouse who is obtaining it increases their income, an alimony modification is a possibility.
  3. Alimony is awarded in every divorce case. Most people wrongly believe that alimony is always awarded in a divorce. The truth is that it is more common for both spouses to have an education and career, making alimony inapplicable in some cases.
  4. There are no taxes associated with alimony payments. Alimony should not be viewed as free money with no strings attached. The recipient must pay taxes on it and the payer can deduct taxes. A spouse should use it to help transition themselves rather than depend on it for the rest of their life.
  5. The spouse that filed for divorce will not qualify for alimony. Although the judge will be aware of which spouse filed for divorce, this information will not be taken into consideration when trying to determine whether alimony should be awarded. The judge will also disregard who is at fault for the divorce when figuring out alimony.

Contact Our Plainfield Spousal Support Lawyers

Alimony can be difficult to understand. If you would like more information about alimony laws in Illinois or are seeking legal representation for your divorce case, call our experienced Plainfield spousal support lawyers at 815-666-1285 for a personalized consultation.

Source:

https://www.irs.gov/taxtopics/tc452

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