Legal Requirments Surrounding Alimony

If you have recently been assigned to pay or receive alimony from a spouse there are legal requirements that you should be aware of. These will protect you both legally and financially in the long run.

First, payments must be made in cash; however, money orders or checks are acceptable as well. Unacceptable payment options include property, debt, or services. These payments must have been outlined in a divorce proceeding or written agreement.

If your spouse has been giving you informal payments in the time period before court-ordered alimony, these cannot be considered alimony payments.  In addition, alimony cannot be claimed during any years in which a joint tax return was filed.

When spouses are living together, even if in different quarters of the same home, alimony cannot be requested by one of the parties. Only when one or both people have moved out can alimony payments begin.