The Comprehensive Guide to Alimony and Spousal Support 

Most states have some type of alimony (also called) spousal support. Alimony or spousal support never happens automatically. Generally, in order to receive spousal support, you have to request it in your divorce Petition, which is the first step in the divorce process. Once you come to an agreement on the amount and duration of alimony, you'll include that in your divorce Agreement and it will become a court order once your divorce is finalized. 

Spousal support can also be waived or “reserved”. Reserving spousal support usually means you are not requesting it now, but may request it later in your divorce or after your divorce is processed.

The taxation of alimony on federal tax returns recently changed because of the Tax Cuts and Jobs Act of 2017 (TCJA). Today, alimony or separate support payments relating to any divorce or separation agreements dated January 1, 2019 or later are not tax-deductible by the person paying the alimony. Also, the person receiving the alimony does not have to report the alimony received as taxable income.

Before the changes in the Tax Cuts and Jobs Act in 2019, alimony payments were tax-deductible by the person making the payment and the person receiving the alimony had to claim it as income on their federal tax return.

Keep in mind, even if your Agreement for spousal support or alimony was made before the change to the tax code in 2019, any changes or updates to the agreement could also change the tax impact of the alimony payments. You will have to include language in any update to your Agreement that spells out that you are applying the new tax rules to your alimony payments. Otherwise, alimony payments for Agreements before January 1, 2019 are typically deductible by the person paying alimony and are taxable income to the person receiving alimony.

How the IRS defines alimony payments

To qualify as alimony or separate maintenance, the payments you make to your former spouse must meet all six of these criteria:

1. You don't file a joint tax return with your former spouse.
2. You make payments in cash, by check, or by money order.
3. You make payments to or for a spouse or former spouse under an applicable divorce or legal separation agreement.
4. Legally separated spouses cannot be part of the same household when making payments.
5. Liability for the payment doesn't extend beyond the death of the spouse who receives payments.
6. The payment is not child support or a property settlement.

While there isn't really a "fast track" option for divorce (everyone needs to go through the waiting period and paperwork assigned by their state), if you and your spouse communicate well, behave reasonably, and quickly come to an agreement, you could be finished with your divorce relatively close to the shortest timeframe your state allows. Using an online service like Hello Divorce with expert help can greatly reduce your timeline.

Keep in mind that if you use a lawyer, most divorces take an average of 50-100% more time to complete. 

Spousal support, also known as alimony, generally comes in two varieties: temporary spousal support and long-term spousal support. Spousal support must be requested by one of the parties. If neither party requests it, jurisdiction will be reserved on the issue unless the parties agree to terminate it in the judgment paperwork. 

Yes, women can be required to pay alimony in some cases. In the past, alimony was primarily awarded to women, but today, either spouse may be required to pay alimony depending on the specific circumstances of the case. Whether a woman will be required to pay alimony will depend on factors such as the income and assets of both spouses, the length of the marriage, and the needs of the spouse who is seeking alimony.

The laws governing alimony in divorce cases involving LGBT couples are the same as those for heterosexual couples. In any divorce case, the court will consider a variety of factors to determine whether alimony should be awarded, and if so, how much the paying spouse should be required to pay. These factors may include the income and assets of each spouse, the length of the marriage, and the needs of the spouse who is seeking alimony.

You do not need an attorney to file for alimony. Generally, you will determine any alimony or spousal support amounts to be paid in your divorce Agreement. The amount is based on several factors, like income, your lifestyle while you were married, and the ability of the spouses to work. Different states have different rules about alimony payments. If you need help figuring out your payment amount, a mediator, Certified Divorce Financial Analyst, or family law attorney can help you understand your rights and options, and can provide valuable guidance and support throughout the process.

In a military divorce, alimony works the same way as it does in any other divorce. The court will consider factors such as the income and assets of each spouse, the length of the marriage, and the needs of the spouse who is seeking alimony in determining whether alimony should be awarded, and if so, how much the paying spouse should be required to pay. However, there may be some additional considerations in a military divorce, such as the service member's military retirement pay and other benefits.

Yes, in some cases, alimony may be adjustable. This means that the amount of alimony can be modified after the divorce based on changes in the financial circumstances of the parties. For example, if the person who is receiving alimony experiences a significant change in their income or expenses, they may be able to petition the court to modify the alimony order. The same is true for the person who is paying alimony - if they experience a significant change in their income or expenses, they may be able to petition the court to modify the alimony order.