Is Spousal Support Like a Source Of Income In Divorce?

By Gerald A. Maggio, Esq.

Orange County divorce mediation attorneys; California Divorce MediatorsIt often happens that during a marriage the wife sacrifices her career to become a homemaker. In some cases, the husband also sacrifices big career choices for the family. But after a divorce such individuals find it hard to get back into the workforce. Spousal support does exist for the partner who is less well-off than the other partner but can it be a source of income?

Spousal support is a type of financial assistance that is provided to a partner as a recognition for his/her contribution to the marriage. Legally married couples are entitled to alimony and the rules vary from state to state. Law courts in California offer financial assistance based on factors like marriage duration, earning capacity of each partner and contribution to the household.

Different types of spousal support

There are different types of spousal support depending upon the spouse’s condition and the amount of monetary help needed by them.

Transitional spousal support provided to individuals who want to pursue training or education necessary for re-entry into the job market. Transitional support is usually awarded in short marriages where an individual may require additional resources to find employment. Compensatory spousal support is awarded to individuals who have made significant financial or educational contributions. The compensatory support is given in only rare cases.

Maintenance spousal support is the most common type of spousal support and is given by one spouse to the other for a specified or indefinite time. Maintenance support is common in long-term marriages where a significant earning gap exists between the two spouses.

Taxes involved

Individuals who receive spousal support are liable for paying taxes.  Spousal support is treated as income and tax is deducted according to the amount received.  However, under the 2017 Federal Tax law that passed in December 2017, spousal support will no longer be tax-deductible for new or modified spousal support orders made after December 31, 2018.

Conclusion

The spousal law varies from state to state and most courts treat it as a necessity for divorced individuals who don’t have a job. Spousal support is treated as an income and is taxed accordingly. There are different types of spousal support depending upon the condition of the spouse receiving the support. Spousal support ranges from short-term payments to long-term payments and covers individual expenses before they find a suitable job for themselves.

To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation