Spousal Support in Family Court

Did you know that the court can issue an order of spousal support while the parties are still married? In Family Court alimony is called spousal support. If the parties are married the less monied spouse may file a petition in family court for spousal support. Unlike divorce court, family court orders for spousal support last indefinitely. If a spouse obtains an order of spousal support from family court, the payor should file for divorce in order to have a cut off date on the order of support.

When the spousal support/maintenance law was enacted on January 23, 2016, it took into consideration tax deductions. Spousal support/maintenance orders were tax deductible to the payor and considered income to the payee. However, federal income tax law was changed in which orders for spousal support/maintenance made after December 31, 2018 are no longer tax deductible. Therefore, it is important to have a skilled attorney negotiate the amount of spousal support/maintenance.

Divorce can have a huge financial impact on both parties, so it is important that you work with a skilled and experienced attorney. For more information on how to obtain an order of spousal support/maintenance or how to protect yourself from paying spousal support/maintenance call our office to schedule a strategy session.

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