Alimony

Spousal Support During and After Your Case

Alimony is designed to provide support to the spouse who is leaving the marriage with a lower earning capacity to provide her, or him, with assistance in maintaining the standard of living they had during the marriage.  There is not a specific formula the court uses to determine alimony.  It is not calculated the same way as child support.  Connecticut General Statutes 46b-82 outlines the criteria the court has to consider in determining an alimony award.  These factors include the length of the marriage, the age, health, occupation and education of the parties as well as their vocational skills, earning capacity and employability.  The court may enter an alimony award for during the pendency of the divorce (pendente lite), annulment or legal separation proceedings as well as final orders when judgment enters in the case.  If alimony is not awarded at the time of judgment it can not be awarded ever as a result of that marriage.  Alimony may also be modifiable post-judgment depending on the terms of the alimony award.

Alimony and Taxes

The Tax Code has Changed

For divorces finalized after December 31, 2018, alimony will no longer be deducted from the income of the payor and added into the income of the receiving party.  This is a change from how it has traditionally been handled.  This change was a part of the new tax code passed in 2017.  

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