how do i get alimoney.....?

Question

i have been married 20 yrs (not divored yet )......but because i work they say i cant get any........how can this be?

Answer 1

Alimoney is Spousal Support. Since you work and can support yourself, you arent eligable for Spousal Support/Alimoney.

Heres some websites and general over view of Alimoney.
Since I dont know what state you live in I cant give you specific state law.
http://www.divorcehq.com/alimony.html
In recent years, alimony, due to the negative connotations, has been referred to as maintenance or spousal support. Traditionally, alimony was awarded to the wife and paid by the husband. However, during the 1970's and 1980's judges began to award alimony to the husband depending upon the circumstances. Alimony is awarded to either spouse in an effort to maintain the standard of living that both parties were accustomed to during the marriage.

Alimony awarded prior to the divorce is called pendente lite alimony. It is taxable income to the recipient and tax deductible to the pay or.


At the time of the divorce if alimony is awarded it can be one or a combination of the following:
Permanent: This type of alimony is to be paid until either the death of the pay or of the remarriage of the recipient. Some agreements may include a "cohabitation" clause that states alimony ends when the recipient cohabits with another person in the avoidance of marriage.


Lump sum: This type of alimony is one payment of alimony instead of periodic (usually weekly or monthly) payments. Lump sum alimony just like all other alimony is taxable, so be sure to consult with a CPA experienced in divorce to determine the tax consequences of this type of payment prior to agreeing to it.


Temporary: This type of alimony lasts for a specific period of time, usually one to two years. This type of alimony may be awarded when the persons involved are on almost equal ground but due to certain circumstances, one person may need financial assistance in order to "get on their feet."


Rehabilitative: This type of alimony is the most commonly awarded alimony. It is awarded in a situation where the recipient is younger, or able to eventually enter or return to the work force and become financially self-supporting. Rehabilitative alimony may include payments for the education necessary to enable the recipient to become self-supporting.


Keep in mind that if you are awarded any type of alimony it will cease upon death of the pay or. It is a good idea to include a life and disability insurance policies in an amount sufficient to replace the alimony. Because you have an insurable interest in the person being insured, you are able to buy the policy yourself. This could be money well spent in the event that life and disability insurance are not part of your agreement. Every state has its own criteria for determining the need and extent of alimony. However, generally the following factors may be considered:


Duration of the marriage.


Earning capacity of both parties.


Age, as well as physical, mental, and emotional state of each party.


Other income, including but not limited to interest and dividends.


The contribution by one spouse to education and furtherance of career of the other.


The contribution of one spouse as a homemaker.


How much earning power will be affected by the parenting requirements of the custodial parent.

In addition to the above, the judge may consider ANY economic circumstances of either party that they (the judge) deem to be just or proper.

The amount of alimony payments is generally calculated based on the above considerations. As with any other aspect of your divorce, if possible it is always best to negotiate alimony rather than have a judge arbitrarily determine if your situation is one that will include alimony and how much will be awarded.

Every state has different statutes regarding the award of alimony. Therefore, it is imperative that you consult an attorney that specializes in divorce before making any decisions regarding alimony.

http://www.divorceinfo.com/alimony.htm
Alimony
Alimony or spousal support is a flexible financial tool for divorcing couples. It offers tax advantages that can help put more cash in the pockets of both spouses.

What is it?
Can I get it? / Will I have to pay it?
Why would I want to pay alimony?
Software to think it through
What are the requirements?
The hurdle tests

What is it?
Alimony is also sometimes called spousal support. It's designed to provide the lower-income spouse with money for living expenses over and above the money provided by child support. Alimony is different from child support. Where child support is a simple mathematical calculation using guidelines published by your state, alimony is very much in the discretion of the judge.

Can I get it?/Will I have to pay it?
There are several factors a judge considers when deciding whether to grant alimony. These differ from state to state, of course, but they usually involve things like the parties' relative ability to earn money, both now and in the future; their respective age and health; the length of the marriage; the kind of property involved, and the conduct of the parties. In general, about the only time a judge will award alimony in most states is where one spouse has been economically dependent on the other spouse for most of a lengthy marriage.

Why would I want to pay alimony?
Alimony gets treated differently from child support on your tax return. Alimony is tax deductible to the person who pays it, and included in the taxable income of the person who receives it. Child support, by contrast, is not taxable to the person who receives it and not tax deductible to the person who pays it. That means that when you and your spouse have dramatically different incomes, there may be some tax advantages to using alimony, even if a judge wouldn't ordinarily award it.

John and Melanie realized early on that alimony might make sense for them. John's income of $175,000 made every deduction precious to him. And at her $23,000 schoolteacher's salary, Melanie had a substantially lower tax rate. What they realized after looking at the numbers was that if John could claim the support he paid as alimony, he could afford to pay Melanie more than enough to compensate her for the extra tax she would have to pay, and still come out ahead.

I spend a great deal of my time as a coach helping people think through whether they could use alimony and have both the husband and the wife come out better after tax. I use software to help clients understand what their after-tax income would be using each of several scenarios. Then the two spouses can negotiate with full knowledge of the advantages and disadvantages to each of them.

Software to Think It Through
The software I use to evaluate alimony when I'm working with clients is expensive, but you and your spouse may decide that it's worth buying it so you can think these issues through together. It's called Divorce Planner, and you can buy it from FinPlan in Chicago for about $400. To order it, you can call FinPlan at 800-777-2108.

What are the requirements?
In order to constitute alimony, there are several requirements that you have to satisfy. They're set forth in IRC §71.

The payments must be in cash. Checks or money orders are acceptable, but not debt, property, or services.
The payments must be provided for in a divorce or a written agreement (no, you can't go back eight months after you began paying informal support and call what you've been paying alimony - check out the sheet on trial separation for more information).
You can't claim alimony during any year for which you file a joint tax return.
You can't pay alimony during a time when you and your spouse live in the same residence. And carving out separate quarters in the same residence doesn't count. Different bedrooms don't count. Different wings don't count. You have to live in separate dwellings under different roofs.
The payments have to stop when the recipient spouse dies.
This isn't really a requirement, but because you can opt out of alimony treatment, there's a logical provision that if you say it's not alimony, it's not alimony.
The hurdle tests
The tax advantages of using alimony can be so powerful that people going through divorce are tempted to label as alimony some payments that are really child support or property settlement. But Uncle Sam has already anticipated that. The government's response is in the form of two tests:
Excess Alimony (front-end loading)
Alimony fixed as child support

http://en.wikipedia.org/wiki/Alimony
In many countries alimony, maintenance or spousal support is an obligation established by law that is based on the premise that both spouses have an absolute obligation to support each other during the marriage (or civil union) unless they are legally separated, though in some instances the obligation to support may continue after separation. Once dissolution proceedings commence either party may seek interim or pendente lite support during the course of the litigation.

Where a divorce or dissolution of marriage (civil union) is granted, either party may ask for post-marital alimony. It is not an absolute right, but may be granted, the amount and terms varying with the circumstances. If one party is already receiving support at the time of the divorce, the previous order is not automatically continued (although this can be requested), as the arguments for support during and after the marriage can be different.

Historically, alimony arose as a result of the indissoluble nature of marriage. Because divorce was rare, husband and wife remained married after their physical separation and the husband's obligation to support his wife continued. With the growing view that men and women should be treated equally the law recognized that both husbands and wives owed each other a similar duty of support. Accordingly, courts now may order either the husband or wife to pay alimony, though in practice it is virtually always the husband.

Some of the possible factors that bear on the amount and duration of the support are: (see below for more details on these)

length of the marriage
time separated while still married
age of the parties at the time of the divorce
relative income of the parties
future financial prospects of the parties
health of the parties
fault in marital breakdown
Unless the parties agree on the terms of their divorce in a binding written instrument, the court will make a fair determination based on the legal argument and the testimony submitted by both parties. This can be modified at any future date based on a change of circumstances by either party on proper notice to the other party and application to the court. The courts are generally reluctant to modify an existing agreement unless the reasons are compelling. In some jurisdictions the court always has jurisdiction to grant maintenance should one of the former spouses become a public charge.

Alimony usually is synonymous, as a rule, with ex-husband payments to the ex-wife.

Answer 2

When a divorce is granted, either party may ask for post-marital alimony. It is not an absolute right.
Some of the possible factors that bear on the amount and duration of the support are:
length of the marriage
time separated while still married
age of the parties at the time of the divorce
relative income of the parties
future financial prospects of the parties
health of the parties
fault in marital breakdown

Answer 3

I work in the "lawyer world" .... First off, depends on what state your in.. I know Cali laws, and California 99.9 always defends the women.. you get alimony for half of your marriage.. but you must be married for at least 10 years. So in your case you would get alimony for 10 yrs.. The work situation.. the judge sees who makes more money, if you make more money than your spouse.. they can request alimony from you..

Answer 4

Alimoney is for women that can't work, or their exhusbands agree to support them. This usually only happens in Hollywood. Alimoney is taxable, where as child support is not.

So, just work and let the alimoney thing go.

Answer 5

What makes you think you are entitled to alimony? you get back what you put in to this marriage, if there is property, and you payed for 1/2 of it then it is sold and you get 1/2. Ali money is for those who have never worked , are not able to work, If you worked for a firm for 20 years would you expect them to pay you for the rest of your life. I don;t think so.Some women want to get alimony to hurt their ex spouses, judges do not accept their thinking any more. Womens lib scored another one

Answer 6

well listen as a divorced guy and having a daughter who i support more then anyone else- why take his money if u work? if u werent out of the work force why take whats not yours- a marriage is 50/50 why do we have to pay after ?????

Answer 7

You are working, you are able to be employed and do not deserve to be supported by your soon to be ex husband. That is one of the seperation/divorce laws that were changed when the ERA passed.

Answer 8

It depends on the laws in your state, but generally it depends on how much each of you make. If you make less you will get alimony.

Answer 9

sleep with his lawyer!!!!!