Alimony and Sensibility

Alimony is money paid by one spouse (usually the husband) to another spouse (usually the wife) for the purposes of continuing to live after the divorce. The amount and timing of payments are set out in the divorce ruling. Here are some tips which apply mainly to the spouse who is required to make such payments.

#1 Always pay by check never by cash. The recipient spouse is not required to give a receipt so it is pointless for you to ask for one but in case there is any dispute you need a bank statement indicating if and when the check has been cleared. Keep good records. Many divorce settlement returns to court in a dispute over different matters including alimony payments. Make sure you are on solid ground.

#2 Make sure the divorce settlement declares that your alimony payments are deducted from your income and added to the income of the recipient spouse. This means you will have a lower income for taxation purposes whereas your spouse will have a higher income for taxation purposes. Have this ruling as part of the settlement. You are the one having to make the payments. The least you can get in return is some taxation relief. And if your spouse is getting part of your money, it is arguably fair that they should declare this as part of their income.

#3 Follow the rules of the divorce settlement on the letter. Don't be late with payments, don't try anything different or unusual, never pay in cash and make sure every payment is delivered in the way required.

Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.