Now that you understand generally the effects that the new tax law may have on those of you contemplating getting divorced or looking at a possible modification of the orders regarding spousal maintenance, we will now go through a couple of examples to show you specifically how this will affect your pocketbook and “bottom line”
Category: Spousal Maintenance
WINNERS AND LOSERS AS TO THE CHANGES TO SPOUSAL MAINTENANCE UNDER THE NEW TAX LAW
As we detailed in our last blog, if you are contemplating getting divorced or looking at a possible modification of the orders regarding spousal maintenance, then the new tax law will have a significant effect on both parties. Looking at it from the perspective of the trenches in family court, there are some clear winners and clear
from WINNERS AND LOSERS AS TO THE CHANGES TO SPOUSAL MAINTENANCE UNDER THE NEW TAX LAW
CHANGES TO ALIMONY AND SPOUSAL MAINTENANCE AS A RESULT OF THE NEW 2018 TAX LAW
Unless you’ve been in quarantine at Guantanemo Bay or otherwise living under a rock the last few months, you are aware of the new federal tax bill, ie. the Tax Cuts and Job Act (“TCJA”) passed by Congress and signed into law by President Trump at the end of December. If you are looking at
from CHANGES TO ALIMONY AND SPOUSAL MAINTENANCE AS A RESULT OF THE NEW 2018 TAX LAW
MODIFYING AN EXISTING SPOUSAL MAINTENANCE AWARD
My previous three blog posts discussed qualifying for spousal maintenance and the factors the Court considers when determining how much will be paid for how long. Once an order has been entered it can last for years or months. During that time things can change and one party may want to modify the order. To
THE SECOND STEP: DETERMINING THE AMOUNT AND DURATION OF SPOUSAL MAINTENANCE – Part 2 of 2
If you read my last two blog posts about spousal maintenance, you hopefully have a better understanding of why this issue is one of the most litigated issues in family law. Once the Court establishes that a spouse is eligible to receive spousal maintenance, the Court then considers thirteen factors to determine how much spousal
from THE SECOND STEP: DETERMINING THE AMOUNT AND DURATION OF SPOUSAL MAINTENANCE – Part 2 of 2
THE SECOND STEP: DETERMINING THE AMOUNT AND DURATION OF SPOUSAL MAINTENANCE – Part 1 of 2
For both the paying spouse and the spouse who is not currently employed, the issue of how much spousal maintenance will be paid or received causes significant apprehension. Financial uncertainty factors heavily into the divorce decision-making process – should I stay or should I go? Even in cases where the parties have more equal bargaining
from THE SECOND STEP: DETERMINING THE AMOUNT AND DURATION OF SPOUSAL MAINTENANCE – Part 1 of 2
THE FIRST STEP: QUALIFYING FOR SPOUSAL MAINTENANCE IN MARICOPA COUNTY
There are several factors the judge is required to consider before ordering one spouse to pay spousal maintenance to the other spouse. The first question a judge has to answer is whether the requesting party even qualifies for an award of spousal maintenance. To answer that question the judge must consider the factors set out
from THE FIRST STEP: QUALIFYING FOR SPOUSAL MAINTENANCE IN MARICOPA COUNTY
Alternative to Taking Spousal Maintenance Claims to Trial
If you’ve been following along with our series this month on spousal maintenance, you can see the problems inherent with taking a spousal maintenance claim to trial and having a judge, with limited time to spend hearing evidence and possibly experience in handling such an issue, having the wide discretion to determine an issue that
from Alternative to Taking Spousal Maintenance Claims to Trial
Modifying Spousal Maintenance
Now, you’ve gone to trial in your divorce or legal separation case and the Court awarded one of the parties spousal maintenance for a certain amount payable each month and over a certain time period or even indefinitely. Once the appeal period ends or all appeals are exhausted, this order is pretty much the end
Factors for the Court in Determining Amount and Duration of Spousal Maintenance
If the Court has found that one of the parties qualifies for and is eligible to receive an award of spousal maintenance as we discussed in depth in part one of this four part blog series, then the Court has to examine the facts and circumstances of the case under all the relevant factors, including those specifically
from Factors for the Court in Determining Amount and Duration of Spousal Maintenance
