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lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25387
Experience:  Practicing family law attorney
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I have several questions. 1. when we file the petition for

Resolved Question:

I have several questions.
1. when we file the petition for legal separation, will marking "no" on the question of maintenance be enforced throught out the proceedings?
2. Do I have to pay taxes on alimony? What constitutes alimony? I am going to be given a lump sum initially, but if we get divorced I would like to increase that amount. Can I do that?
Submitted: 5 years ago.
Category: Family Law
Expert:  lwpat replied 5 years ago.
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will marking "no". on the question of maintenance be enforced through out the proceedings

You never want to give up your right to spousal maintenance. If you give it up one time the judge is going to consider that you do not need it to maintain the same lifestyle as the marriage.

Do I have to pay taxes on alimony?
Yes it is income to you.

What constitutes alimony

Alimony is sums that you receive that are not designated as a division of property or child support.

Alimony is usually modifiable only if there is a substantial change in circumstances that would justify a modification. An example would be if you became disabled.
Customer: replied 5 years ago.

But what if I am being paid a lump sum as part of the property settlement?


We have an RV that we owe more than it is worth.


a piece of property we own free and clear (bought with the proceeds of the house he had when we married, but I helped him fix up and lived in for 1 year after we married). It is valued at $19000.


And we own a house valued at 239K that we owe 183K on.


He has been the major money earner, I have spent my time working part-time and taking care of his 2 sons that we received full custody of 2 months after we married(mom left the state).

I ended up having to drop out of college because the emotional trauma was too much to deal with and study.


I am trying to figure out what is fair, not break him. I thought 30K now and 20K when the divorce is finalized. Either as property settlement or alimony.

Expert:  lwpat replied 5 years ago.
I can't comment on what is fair. That is your decision and if the two of you cannot agree, then the judge will decide. Once you give up alimony you can't go back and get it later so it is never a good idea to waive any future alimony by taking a lump sum. Alimony is also taxable. You should not sign or agree to anything without consulting with an attorney. Here is the referral site.

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