When is an alimony payment considered separate maintenance?

A payment is alimony only if all the following requirements are met: The spouses aren’t members of the same household when the payment is made (This requirement applies only if the spouses are legally separated under a decree of divorce or of separate maintenance.); The payment isn’t treated as child support or a property settlement.

When does the state stop making alimony payments?

Some states will stop making alimony payments mandatory when the spouse who is getting them begins living with a new partner or significant other. This info may be written in the fine print on your divorce decree; ask your attorney to go over the section about alimony payments with you for the best information.

How can I terminate my spousal support order?

Obtain the required court forms. Most courts around the U.S. will have fill in the blank forms you can use to ask for a modification to your existing spousal support order. Your lawyer may use these forms or he or she may draft their own motion asking for alimony termination.

Can a child support payment be treated as alimony?

The payment isn’t treated as child support or a property settlement. Not all payments under a divorce or separation instrument are alimony. Alimony doesn’t include: Voluntary payments (that is, payments not required by a divorce or separation instrument). Child support is never deductible and isn’t considered income.

A payment is alimony only if all the following requirements are met: The spouses aren’t members of the same household when the payment is made (This requirement applies only if the spouses are legally separated under a decree of divorce or of separate maintenance.); The payment isn’t treated as child support or a property settlement.

What are the requirements for an alimony payment?

A payment is alimony only if all the following requirements are met: The spouses don’t file a joint return with each other; The payment is in cash (including checks or money orders); The payment is to or for a spouse or a former spouse made under a divorce or separation instrument;

The payment isn’t treated as child support or a property settlement. Not all payments under a divorce or separation instrument are alimony. Alimony doesn’t include: Voluntary payments (that is, payments not required by a divorce or separation instrument). Child support is never deductible and isn’t considered income.

Obtain the required court forms. Most courts around the U.S. will have fill in the blank forms you can use to ask for a modification to your existing spousal support order. Your lawyer may use these forms or he or she may draft their own motion asking for alimony termination.