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Attorneys jeff kulinsky and Vimal J. Kottukapally

Determining who pays alimony

On Behalf of | Sep 6, 2015 | Alimony |

Alimony payments can be difficult to deal with and keep track of. Many consider it extra stress that is added on top of an already stressful divorce situation. However, it is still an important part of divorce and deserves attention and understanding.

It is important for couples going into divorce to understand that alimony is considered separate to every other monetary aspect of a divorce. This means that alimony payments cannot be combined with other payments. As stated by the Franchise Tax Board, child support, property settlements, or retirement payments are all separate from alimony. Alimony cannot be considered deducted from or part of any of these other mandatory payments.

As for who decides the payment schedule, process and responsibilities of alimony? According to the Illinois General Assembly, that is usually left up to the court. This is due to the fact that the court is able to have a neutral view of the divorce and determine who is better suited to do the supporting. Usually, the person who makes the most money or is the best off financially speaking will be the one ordered to make alimony payments. These payments can either last for a limited amount of time, or may last for a lifetime until their ex-spouse remarries or has a change in life that allows them to support themselves.

Dealing with alimony can be difficult, especially if a couple is not divorcing on good terms. This is another reason why it is important to keep open and honest communication with a divorce attorney. They will be able to communicate with the court on behalf of their client to get the best possible outcome.

 

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