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Types of Maintenance

 

Maintenance payments are normally tax deductible by the spouse paying the support and are taxable income for the recipient. All forms of disbursement end at the death of the recipient spouse.  Maintenance can be dispersed in several fashions. 

 

·         Permanent Maintenance is usually awarded to a spouse who has been in a very long marriage or is limited in their ability to ever gain employment. It may be paid out until the remarriage or death of the recipient.  In rare instances, payment me be adjusted and continue during a remarriage and cohabitation.  Payments can be modified, up or down, based on either party’s circumstances.

 

·         Lump Sum Maintenance can be awarded in a one time payment instead of periodic payments.  There may be significant tax consequences with this arrangement.  This form of payment may be given instead of a property settlement.

 

·         Rehabilitative Maintenance is given to a spouse to help them gain skills to enable them to join the work force through educational programs.  It may also be given to a parent who will be staying home to take care of children while they are young.  Payments generally continue for certain period of time. 

 

·         Reimbursement (Temporary) Maintenance is given to pay a spouse back for lost employment opportunities that were sacrificed for the other spouse.  Temporary maintenance may be awarded while the divorce is in process.  It is usually given out over a specific period of time, usually one to two years.   

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Alimony Topics: (click on each for description)

 

Can Alimony Orders be Modified?

 

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