It's always a good idea to make a written agreement about temporary support. For one thing, payments are tax deductible only if there's a signed agreement.
If you can't agree on a temporary support amount, then you'll probably spend some time in court arguing over it. If you have a right to support, it starts as soon as you separate, so get yourself to court right away. Judges order short-term support when the marriage itself was quite short. Short-term support lasts only a few years, and its precise ending date is set in the court order. Rehabilitative support, sometimes also called "bridge the gap" support, is a specific kind of short-term support, designed to help a dependent spouse get retrained and back into the workforce.
It lasts until the recipient is back to work. Generally, that date isn't set in advance—the agreement is that the support payments will stop when the recipient completes a retraining program and becomes employed in the industry. The recipient is responsible for diligently pursuing the training or course of study and then searching for work. The other spouse is responsible for paying the support until that point—and a payer who suspects the recipient isn't really trying to complete an education or get work can ask the court to reduce the support amount or set a termination date.
The person asking for the modification would have to prove that the other ex-spouse was not working hard enough. Permanent support may be granted after long marriages generally, more than ten years , if the judge concludes that the dependent spouse most likely won't go back into the workforce and will need support indefinitely.
Some states don't allow permanent support. It's odd, but in fact even so-called permanent support does eventually end. Of course, it ends when either the recipient or the payor dies. It also may end when the recipient remarries. And in about half the states, it ends if the recipient begins living with another person in a marriage-like relationship where the couple provides mutual support and shares financial responsibilities. Reimbursement support is the only type of spousal support that's not completely based on financial need.
Remember however, that you only will pay tax on income which exceeds the annual amounts allowed by the IRS for exemptions and deductions. If the recipient is very low income, there may be no tax due.
Under the Tax Reform Act this rule changed, but the new rules will only apply in cases started or Separation Agreements signed after December 31, For future agreements and divorces, payments are no longer deductible by the payor spouse.
Further, the recipient spouse will not have to pay taxes on support payments received. What about health care?
The Family Court can also order health insurance coverage to be continued for a spouse. When a divorce case is filed, an "automatic order" is issued preventing either party from changing insurance coverage without getting permission from the court. After a divorce is granted, the former spouse usually cannot stay on the family policy, although more expensive COBRA coverage may be available for up to 18 months.
The court could order your ex-spouse to help pay for this, if he or she can afford it. This article provides general information about this subject. Laws affecting this subject may have changed since this article was written. For specific legal advice about a problem you are having, get the advice of a lawyer.
Receiving this information does not make you a client of our office. Last Review Date: September 7, In the case of reimbursement alimony, the duration of the alimony payments is typically equal to the duration of the support received. In most cases, this would mean that your reimbursement alimony payments would also last for four years, balancing out the amount of time and the approximate cost your ex put into supporting you.
In many relationships, one spouse is the primary income-earner while the other tends to children and household tasks. In these cases, the partner who was responsible for the care of the household often finds themselves with a large gap in their employment history. They may have even dropped out of school to care for children at home, leaving them with a lack of skills, education, and work history needed to find gainful employment after their divorce.
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