Alimony and the New Tax Plan

Alimony LawMany people have heard alimony will be treated differently under new rules signed into law under the Trump administration.  While these rules don’t go into effect until 2019, it is a good idea to understand the old and the new rules, when considering the timing of a possible divorce.  Having an experienced alimony lawyer on your side can make all the difference.

Different Types of Alimony

In Florida, there are many different types of alimony.  These include the following:

  • Bridge the gap alimony is awarded to assist one party by providing support while making the transition from married person to single person. This type of alimony targets identifiable short-term needs and does not exceed two years in length.
  • Rehabilitative alimony assists a party in becoming self-supportive through either redeveloping previous credentials or skills with an eye towards re-employment or gaining the education, training, or experience necessary to develop the skills and credentials needed to begin employment. This type of alimony ends when the rehabilitation is complete.
  • Durational alimony is provided for a set period of time after a marriage of short or moderate-term duration.  However, courts sometimes order durational alimony following a long-term marriage. Durational alimony supplies a person with economic assistance for a set period of time after the end of the marriage.
  • Permanent alimony is awarded to a person after a long-term marriage (typically 17 years of marriage or more).  However, courts sometimes order permanent alimony for a marriage of lesser length where certain conditions exist.  The purpose of permanent alimony is to provide for needs and necessities of life and commensurate with the lifestyle of the marriage where the party is unable to meet their own financial needs after the marriage.

Alimony can end under certain circumstances. read more

Alimony and the New Tax Laws: What You Need to Know if You Pay Alimony

Tax Laws

If you pay alimony, you may have seen news coverage in recent days and weeks, talking about how the new tax plan approved by the Republican House and Senate, and signed into law by President Trump, affects you. Both payors and recipients of alimony express concern about how the new tax laws on alimony may impact them and their families.

Currently, if you pay alimony, you probably know the IRS reduces, for tax purposes, your income by the amount of alimony you pay.  In other words, if you make $150,000 a year, and you pay $30,000 a year in alimony, your taxable income is reduced by $30,000.  If your current tax rate is 33 %, you reduce your tax obligation by $9,900, by not paying taxes on the $30,000 paid to your ex.   This tax deduction has been available to those who pay alimony for the past 75 years.  Family law attorneys routinely consider this benefit when negotiating alimony amounts. read more