Do you have to pay spousal maintenance after a divorce?
Do you have to pay spousal maintenance after a divorce?
The duty to pay spousal maintenance post-divorce arises in two ways in Section 7 of the Divorce Act, 70 of 1979. In Section 7 (1) of the Act it provides that, when there is a written agreement between the two parties prior to the divorce, the court may grant a decree of divorce and make an order with regards to the payment of spousal maintenance.
How is the amount of maintenance determined in a divorce?
A judge will determine the appropriate amount of maintenance a spouse must pay by considering factors like: 1 Amount of money each spouse could reasonably earn per month 2 Reasonable monthly expenses 3 Ability for each spouse to maintain a similar lifestyle to what they had before the separation
Can a divorce negotiator help with maintenance payments?
Divorce Negotiator will assist couples to reach a fair agreement. We will discuss options you need to consider in achieving financial independence. We will assist you offering options to give financial independence either from the outset, or as soon as practicable. Maintenance payments for a spouse does not achieve a complete clean break.
What should a court take into account in determining spousal maintenance?
What factors will a court take into account to determine whether a spouse will be entitled to spousal maintenance or alimony? The parties’ existing and prospective means; The parties’ respective earning capacities and financial needs and obligations; The age of the Plaintiff;
Can a judge make a spouse pay maintenance after a divorce?
Average: 2.8 (4 votes) A judge can make one spouse pay the other spouse money on an ongoing basis after a divorce. This is called “maintenance.”. It used to be called “spousal support” or “alimony.”. The purpose of maintenance is to help the ex-spouse support themselves.
What factors will a court take into account to determine whether a spouse will be entitled to spousal maintenance or alimony? The parties’ existing and prospective means; The parties’ respective earning capacities and financial needs and obligations; The age of the Plaintiff;
How often do you have to pay alimony after divorce?
Payments almost never extend beyond entry of the divorce decree. Mid-Length Marriage (5-25 or 3-20 years of marriage): Maintenance to the lesser-earning spouse for 20-33% of the length of the marriage.
When does an alimony settlement become taxable in a divorce?
For example, in divorces finalized before 2019 an alimony settlement is taxable while a property settlement is not (Beginning January1, 2019 alimony payments are not taxable). Ultimately, how the settlement is described in the divorce papers is very important in this respect. You need to have an attorney handle this for you.