Tax Advantages of Alimony
The tax advantages of using alimony can be so powerful that people going through divorce are tempted to label some payments as alimony when they are really child support or property settlement. The government's response is in the form of two tests:
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CALCULATION OF ALIMONY – In most jurisdictions, judges exercise broad discretion in awarding alimony, its amount and duration. The Uniform Marriage and Divorce Act, on which many states' spousal support statutes are based, recommends that courts consider the following factors in making decisions about alimony awards: the age, physical condition, emotional state, and financial condition of the former spouse; the length of time the recipient needs education or training to become self-sufficient; the couple's standard of living; the length of the marriage; and the ability of the payor spouse to support the recipient and support himself or herself.
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The Spousal Support Handbook
The Effect of Artificially High and Low Marital Standards of Living on Spousal Support Awards
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