Busted But Not Responsible? Tips For Your Defense

If you've been arrested for a crime you didn't commit, you need to defend your legal rights. You have the right to an attorney who can help you present your case. After being wrongly accused of something myself, I learned quickly how to navigate the legal avenues to have my case dismissed. My attorney was a great resource for building the case, and because of my understanding of the law, it worked. I created this site to share what I learned along the way and some other great tips for others who have been wrongly accused and arrested for a crime.

Filing for Divorce? What You Need to Know About Permanent Alimony

Law Blog

In days long past, alimony was sometimes issued as a permanent payment to a former spouse. Today's legal system has since modified alimony to be what is seen as temporary payments to help a spouse transition into living on their own and supporting themselves. While most alimony orders are indeed temporary, there are certain situations where alimony can be ordered as permanent compensation still. Here's what you need to know about the possibility of seeking permanent alimony.

Why Seek Permanent Alimony?

Back when permanent alimony was the standard instead of the exception, it was ordered this way because, in those times, most women became mothers and housewives at a young age. They were less able to seek any type of higher education or secure jobs capable of sustaining themselves and their children. Permanent alimony was compensation for this because the women devoted their time to caring for their spouse, children, and home. If you have been a stay-at-home mom for a long time, lack marketable job skills, and have no ability to obtain those skills, this may be a potential solution for you.

Who Can Seek Permanent Alimony?

Most people are unable to legally seek permanent alimony. It is no longer an option in most states across the country. In the few states that still permit its order, certain people may be eligible to seek permanent alimony.

For most separations, permanent alimony would not be relevant. However, in cases where one spouse is disabled, chronically ill, or otherwise not physically able to join the workforce, you may be eligible to seek a permanent alimony award.

What Factors Are Considered in Permanent Alimony Orders?

There are several factors that are considered when a judge is evaluating a permanent alimony request. First and foremost, he or she will consider whether or not the petitioner is capable of obtaining the education and skills required to enter the workforce at this stage of life.

If it is evident that the requesting party isn't capable of entering the workforce for whatever reason, then the judge will evaluate how long the parties were married. This is a significant factor because often the length of the marriage is indicative of how long the requesting party has been out of the workforce and no longer supporting themselves. The longer the marriage, the greater the chance of permanent alimony.

Finally, the judge will consider the contributions that each party made to the household, both financially and in support. Any financial inequality will be assessed and considered in the findings, and then the final order determination will be made.

Can Permanent Alimony Ever Be Adjusted?

A permanent alimony order isn't necessarily set in stone. If the payer loses their job, for example, the order can be re-evaluated in court. In addition, if the payee moves in with someone, or has them move in, the alimony payments may be reduced or eliminated entirely. At that stage, if the payee isn't dependent solely on that income, the courts will adjust it.

How Is Permanent Alimony Taxed?

In the past, alimony payments were tax-deductible by the payer, and the person receiving the payments had to claim that money as income and pay the taxes associated with it. However, a tax change for 2019 has eliminated that policy, and alimony payments, no matter the source, are no longer eligible to be deducted from taxable income by the payer. Likewise, the recipient will no longer have to claim it as income on their taxes.

As you can see, there are many things to understand related to permanent alimony. Whether you are disabled and unable to work or have been kept out of the workforce for so long that you would be deemed unemployable, the information here can help you understand the basics of permanent alimony. Talk with your divorce lawyer about any other information you need to know, or reach out to a law firm like that of Katzman Logan Halper & Bennett to find a lawyer.


25 April 2019