Is either disabled or retired? If so, are they receiving a permanent income stream? If one spouse is 50 or older, and has never worked, he or she will have a difficult time finding employment. Spousal support will have to be awarded. Spousal support may be awarded for a specified time period, or it may continue until it is modified or terminated. Some judges have a rule of thumb that they will award spousal support for half the number of years of the marriage. Spousal support generally ends upon the death of either spouse, or upon the remarriage of the recipient. Spousal support will continue until it is modified, unless the decree states that it is non-modifiable.
During the separation period, any payments to the other spouse are generally not considered spousal-support. However, if a temporary order was issued for spousal support, and the order does not state that payments will not be taxed as spousal support, then the spousal support payments are deductible by the payor and included in the income of the recipient.
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For instance, the obligation of a spouse after a year marriage is very different from a new cohabitee who will not owe an obligation of support until the parties have lived together for three years or have had a child. Even a remarriage does not necessarily overset the obligation of support from the first spouse. All the circumstances of earning abilities of the new spouse, and the situation of the spouse being supported, will be taken into consideration.
How the Length of Your Marriage May Affect Your Divorce - McKinley Irvin
Canada, as well as every state in the U. There are, however, some differences regarding the treatment of spousal support. In Canada, neither party can be denied spousal support because of his or her conduct. In the U. However, keep in mind that judges have a lot of discretion in awarding spousal support. They may or may not consider the fault or conduct of one spouse when they decide if spousal support should be awarded. As a general rule, spousal support is tax-deductible by the payor and taxable to the recipient.
How the Length of Your Marriage May Affect Your Divorce
However, in Canada, if one spouse receives compensatory support or a lump sum for support, then it is neither deductible nor taxable. This does not apply to Canada, however. You may also have to reclassify spousal support as child support if spousal support is reduced because of something relating to your children. The rest would be deemed child support, which would not be tax deductible.
What factors does the judge consider? Ability to pay The judge will decide how much the payor can afford to pay and still have enough to live in his or her accustomed standard of living. Length of marriage The length of the marriage is also a consideration when the judge awards spousal support. You have to ask the wife too what caused a long and happy marriage to suddenly implode. My husband told some people we grew apart and others that I was crazy.
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