When in doubt, spell it out! Even if you just divide the college costs between both parents, it's still better than a vague and unenforceable clause. Alimony is spousal support. It is money paid by one spouse to the other to help with food, shelter, transportation, clothing and other living expenses. It is not the same thing as child support. If the two of you have agreed on some measure of temporary or permanent alimony, you should definitely put that in the separation agreement.
These are just examples. Your attorney can advise you about the specifics in your particular case.
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If the agreement is drafted properly, alimony can be deductible for the payor and therefore taxable to the recipient. In order to be deductible by the payor, it must end at the recipient's death. It is also acceptable to make the alimony nontaxable to the recipient if it is nondeductible for the payor. This is a particularly important term and it should be spelled out clearly in the agreement how alimony payments will be treated for tax purposes.
Alimony usually ends at the death of either party or the remarriage of the recipient usually the wife. Sometimes clients have a provision added to the alimony terms in a separation agreement that alimony will also end if the recipient starts living with an unrelated person of the opposite sex on a regular basis as if they were husband and wife.
It is always best to set out such a term clearly in the agreement.
Definition of Legal Separation
Don't just leave it out or let the agreement be silent on this issue. A waiver of alimony is such an important term that it should be clearly spelled out in the agreement so that there is no misunderstanding. Your attorney who prepares the separation agreement will explain alimony also called spousal support or maintenance to you. Here is some very general guidance regarding alimony pursuant to state laws:. Please be sure to see your legal assistance attorney for more information on alimony in your particular case. In many states there is a presumption that all property acquired during the marriage is equally divisible.
This is presumed to be fair. Other divisions, such as or are certainly legal if the parties agree that the division is fair and reasonable or if you go to court and the judge finds that an unequal division is justified. Pensions and retirement rights can also be considered marital property. This type of property is often very valuable. It is an important aspect of equitable distribution. Often a spouse's pension is the most valuable asset of the entire marriage, and this should certainly be considered in doing a separation agreement.
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If there is to be no division, the agreement should say so. If the decision on pension division is to be put off or deferred because there is no present agreement, that also should be stated clearly. Make sure your agreement is very specific and plain in this area as to your intent on dividing the pension; a poorly worded agreement may be challenged in court as vague and unenforceable.
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The division of pension rights in a separation agreement can be done in two ways: The former of these involves calculating the present value of the pension right now and setting it off or trading it against the value of another asset, such as the other spouse's pension or the marital residence. The second approach postpones the division until whenever the employed spouse starts receiving pension payments. At this time the other spouse would receive a share of each check equal to one-half or some other percentage of the portion acquired during the marriage.
You should set out a schedule for who pays what debt in your separation agreement, including the creditor's name, account number, purpose of the debt, approximate balance and monthly payment amount. This will not stop the creditor from suing both of you if your spouse doesn't make the required payments and both of your names are on the obligation. This material may not be published, broadcast, rewritten or redistributed.
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Can Married Men Who Are Legally Separated Date Without Committing Adultery?
Military Life Military life has a lot of nuts and bolts. You know, the little things that make up just an ordinary day. Dont run around bragging and being obvious, but you dont have to completely hide it either, just dont cause trouble with it. I think that if you are a valuable member of your command and your new "friend" is as well, as long as you aren't causing any trouble, most commands after a significant period of separation will make it very difficult for the opposing counsel to show each of the 3 burdens of proof above.
Now, Civilian is another world. For instance, in Maryland, you just have to have circumstantial evidenc that proves disposition and opportunity. What is disposition and opportunity, well, if you're separating from your wife and you have any female friends that you spend time with, you have the disposition, if you leave your marital home due to the separation, you have opportunity.
Which, if that is shown after the separation, most likely WILL NOT MATTER in a court of law, it happened after the separation, but if enough circumstantial evidence can be brought to show that it may have been happening before the separtion, you could be screwed. For instance, say you were deployed together and got separated when you returned, say you worked together, and quit having sex with your spouse and spent more time at work What happens if you are found guilty of adultery?
In the military, it can range from any normal NJP punishment to time in the brig and loss of rank.