Is Alimony a Property Right?
In some separation agreements lawyers may draft, alimony is included when discussing property rights; however Alimony is its own entity. According to Black’s Law Dictionary, “Alimony is distinct from property rights”. Alimony is a court ordered allowance that one spouse pays to the other spouse for maintenance and support. This is calculated based upon your monthly expenses and life style that you must maintain. Alimony is a separate entity because it is taxable income to the receiving spouse and it is deductible by the payor spouse, however payments in property rights are not. This is a tricky distinction but could come in handy when you are analyzing a past separation agreement that is irrevocable on property right determinations. However, this means alimony is not included and thus can still be amended. Alimony is very important and should always be sought if you make significantly less than your spouse. You are entitled to compensation for sacrifices you made so that your spouse could make the money he/she makes. It is what is right and just in a separation so that both parties end up in similar financial positions as they would have been in had the marriage stayed together.
It is important to know your rights to alimony and to request what you deserve. Fred Antenberg is a Divorce Attorney who handles family law matters in the Howard County and Central Maryland region. He can go over your marriage, your divorce, your financial and property positions, and figure out what you end up in the financial position you deserve and should be in. If you are considering divorce or have recently entered into the steps towards a divorce, CONTACT Fred to help you with your divorce at 410-730-4404.