The general rule is that alimony is tax deductible by the payor and includible as income to the payee. One exception to this rule is if you are paid alimony in a lump sum. If you are paid alimony in a lump sum payment, it means that rather than receiving alimony over a period of time, you receive one payment upfront. The benefit is that you do not have to worry about the payor not making the alimony payments or paying late, and you can budget the lump sum funds as you deem appropriate. If you receive alimony in a lump sum payment, remarriage or cohabitation, which is normally a triggering event to either terminate or modify alimony, is irrelevant and therefore, you can remarry or cohabitate without having to worry about losing your alimony award. Even though a lump sum alimony award is not tax deductible by the payor, usually, a lump sum award will be less than what the payee would have received if he/she was paid alimony over a period of time, in order to account for the benefit of the payee not having to pay taxes on said funds. I would consult with an experienced attorney in order to discuss the pros and cons of alimony being paid in a lump sum. *Disclaimer- Information in this blog post should not be considered or construed as tax advice. In order to obtain tax advice, please consult with a tax professional. [Posted by Lynda Picinic, Esq.]
Can I Divorce My Incarcerated Spouse in New Jersey?
Going through a divorce is difficult, especially when one spouse is incarcerated. While this is an emotionally trying time in a person’s life, one should not feel guilty about filing for divorce against an incarcerated spouse. When facing these situations, it is important to retain the services of an experienced New Jersey divorce attorney to…