Spousal Support / Alimony in Connecticut
About Alimony Laws
There is no law that states alimony will always be ordered when a couple divorces. Whether alimony will be paid, how much alimony will be paid and for how long it is to be paid are often among the most challenging issues to resolve in a divorce. When the question of spousal support comes up, the court will consider certain factors in making a determination about whether alimony is appropriate in a particular case. Some of these factors include:
- The duration of the marriage
- The causes for the breakdown of the marriage, such as whether either party is guilty of adultery or domestic violence
- The age, health, station, occupation, and economic needs of each spouse
- The future earning capacity of each spouse
- Which parent is to receive child custody
- How the marital assets and debts are being divided in the divorce
It is possible to reach an out-of-court settlement on the matter of spousal support in an uncontested divorce. Mediation and
collaborative law can be effective approaches for pursuing this goal. When this is not an option, and the judge is called upon to rule on the matter, the above are the factors that he or she will use. Even in an uncontested divorce, the settlement agreement will be reviewed to ascertain whether it is in alignment with the provisions of Connecticut family law.
Tax Implications of Spousal Support Orders
For tax purposes, typically, the person paying alimony can deduct such payments from their income and the person receiving alimony must include the payments as income. In this way, the economic burden of being ordered to pay spousal support is reduced to a certain degree. A lump sum alimony payment, however, is usually not taxed as income to the receiver. The payment of alimony is usually terminated upon remarriage and may be modified, suspended or terminated upon the cohabitation of the ex-spouse receiving alimony payments. The divorce attorneys at the Bauer Law Group, LLC are aggressive in their approach to advocate all of your alimony issues. Contact us now for an initial
consultation to learn more about the topic of alimony and how it may impact your own case.
Other Common Questions About Alimony
What is alimony?
In Connecticut, alimony, otherwise referred to as spousal support, is money paid by one spouse to another either during the divorce, or upon the divorce becoming final, towards the other spouse's living expenses. It can be limited to a term of years or payable for a lifetime, depending on the particular circumstances of the case.
Can I receive alimony before my divorce is finalized?
Yes. Sometimes, the court will temporarily order alimony payments, also known as pendente lite. During the divorce process, the alimony order may change if the financial situations of the parties change, such as:
- increases / decreases in the income of the parties
- job loss
- other special circumstances
Does fault matter in determining alimony in divorce proceedings?
The cause of the breakdown of the marriage will be considered by the Connecticut courts in making its financial awards. If the fault is substantial and contributes to the breakdown of the marriage, the court may compensate the party not at fault by giving that party a greater portion of the marital assets or more alimony than he or she would otherwise be awarded. The court will try to distribute the assets and available income where appropriate as equitably as possible, taking into consideration all of the relevant facts.