Q: WILL HUSBAND HAVE TO PAY ALIMONEY IF IM UNABLED TO WORK
There are four types of alimony. These are:
1. Transitional Alimony which is used in short-term marriages and intended to help the financially disadvantaged spouse transition into the post-divorce lifestyle. Transitional alimony is not modifiable, but may terminate upon conditions if set by the court such as remarriage or cohabitation. Transitional alimony can be deemed taxable to the recipient and tax-deductible to the payor if stated as such in the decree.
2. Rehabilitative Alimony is intended to improve the earning capacity of the financially disadvantaged spouse. This type of alimony is modifiable after the entry the decree in some cases. This type of alimony is taxable to the recipient and tax-deductible to the payor.
3. Alimony in Solido is a nontaxable and non-modifiable lump sum payment of alimony.
4. Alimony in Futuro is periodic payments of support which are taxable to the recipient and tax-deductible to the payor. This type of alimony is reserved for long term marriages, such as yours, in most cases. Alimony in Futuro may be modified by either party after the final decree in some cases. This type of alimony shall terminate upon the death of other party or remarriage of the recipient.
If you're truly unable to work and your husband has the ability to pay alimony after providing for his basic needs then yes you should be able to collect alimony. Alimony is based upon the need of the less financially advantaged spouse and the ability of the other spouse to provide support. The type of alimony, the a mount and duration as well as tax consequences will depend upon your specific situation. You should Meet with an experienced divorce attorney in your area and they should be able to help you determine what a likely post-divorce scenario would look like in your case. Good luck! www.milazolaw.com
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.