What difference does it make which label is used?


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Difference Label Used Spousal Support

What difference does it make which label is used?

There are two major differences.

The first difference is the purpose of the support payment. If the intention is solely to provide for the other spouse, without regard to the support of children, either alimony or spousal support is used.

The other major difference is the Federal Income Tax (and where applicable, state income tax) treatment of the payment. Alimony, family support, separate maintenance payments, and spousal support may be deductible from the income of the spouse making the payment, and taxable income to the supported spouse.

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Wv Common Law Marriage – Can a couple become legally married by living together as man and wife under west virginia’s laws?

Can a couple become legally married by living together as man and wife under west virginia’s laws?

No

[Note: a couple legally married at common law in another state is regarded as married in all states.]WEST VIRGINIA

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What are some of the common labels and definitions used?

What are some of the common labels and definitions used?

Some of the more common labels and definitions used to describe spousal and family support include:

Alimony – Payments made from one spouse to the other during a separation or a divorce (dissolution of marriage). Also known as spousal support.

Child Support – As a general rule, both spouses have a duty to provide support for their minor children.

Family Support – A combination of alimony and child support. Similar in nature to separate maintenance payments.

Rehabilitative Support – Payments made from one spouse to the other over a period of time to enable the supported spouse to obtain a career and become self-supporting. Also known as alimony and spousal support.

Separate Maintenance Payments – Payments made from one spouse to the other when they are no longer living together as husband and wife for the support of the spouse and the children in his/her custody. Similar in nature to family support.

Spousal Support – Payments made from one spouse to the other during a separation or a divorce (dissolution of marriage). Also known as alimony.

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What are some of the common labels and definitions used?


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Common Labels Definitions Spousal Support

What are some of the common labels and definitions used?

Some of the more common labels and definitions used to describe spousal and family support include:

Alimony – Payments made from one spouse to the other during a separation or a divorce (dissolution of marriage). Also known as spousal support.

Child Support – As a general rule, both spouses have a duty to provide support for their minor children.

Family Support – A combination of alimony and child support. Similar in nature to separate maintenance payments.

Rehabilitative Support – Payments made from one spouse to the other over a period of time to enable the supported spouse to obtain a career and become self-supporting. Also known as alimony and spousal support.

Separate Maintenance Payments – Payments made from one spouse to the other when they are no longer living together as husband and wife for the support of the spouse and the children in his/her custody. Similar in nature to family support.

Spousal Support – Payments made from one spouse to the other during a separation or a divorce (dissolution of marriage). Also known as alimony.

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Marriage Legal Requirements – What are the legal requirements for being married?

What are the legal requirements for being married?

The legal requirements for a man and a woman to marry vary from state to state. Although there are differences between the requirements in the various states, a marriage between a man and a woman performed in one state must be recognized by every other state under the Full Faith and Credit Clause of the United States Constitution.

Some requirements set by state law can include:

(1) a marriage license issued by the county clerk or clerk of the court (along with payment of a fee)

(2) both man and woman are 18 or older, or have the consent of a parent or a judge if younger (discussed below)

(3) proof of immunity or vaccination for certain diseases

(4) proof of the termination of any prior marriages by death, judgment of dissolution (divorce) or annulment.

(5) sufficient mental capacity (often this is determined as the ability to enter into a contract)

(6) the couple are not close blood relatives

(7) blood test for venereal disease

(8) satisfaction of a waiting period from the time the marriage license is issued to the time the marriage ceremony is performed

(9) performance of a marriage ceremony with witnesses and a person recognized by the state to have the authority to perform marriage ceremony (such as a priest, rabbi or a judge)

(10) recording of the marriage license after marriage ceremony is performed

(11) consummation of the marriage by the act of sexual relations (only a few states require this)

A marriage performed in another jurisdiction — even overseas — is usually valid in any state as long as the marriage was legal in the jurisdiction where it occurred. For example, if a couple is married in Canada and then moves to California, California will recognize the validity of the marriage as long as the requirements for a valid marriage in Canada were present at the time the couple entered into the marriage.

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Can an order for alimony be modified in the future?

Can an order for alimony be modified in the future?

That varies somewhat from state to state.

In some cases, dual income spouses who were married for a relatively short time (usually less than ten years), irrevocably waive their right to seek alimony from each other, in order to avoid protracted litigation. This waiver may then become part of the final Judgment of Dissolution, and thereafter each spouse is precluded from seeking any alimony from the other. There would then be no way that one ex-spouse can seek alimony form the other, regardless of circumstances.

In other cases, a court may order the payer spouse make certain alimony payments to the supported spouse for a set period of time. Before the expiration of that time, the supported spouse may petition the court to modify the amount or duration of alimony payments based upon a material change of circumstances since the previous order.

In a long term marriage, or where the court has reserved continuing jurisdiction over the amount and duration of alimony, either spouse may petition the court to modify the amount and duration of alimony payments, based upon a material change of circumstances since the previous order.

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Can an order for alimony be modified in the future?


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Order Alimony Modified Family-Law

Can an order for alimony be modified in the future?

That varies somewhat from state to state.

In some cases, dual income spouses who were married for a relatively short time (usually less than ten years), irrevocably waive their right to seek alimony from each other, in order to avoid protracted litigation. This waiver may then become part of the final Judgment of Dissolution, and thereafter each spouse is precluded from seeking any alimony from the other. There would then be no way that one ex-spouse can seek alimony form the other, regardless of circumstances.

In other cases, a court may order the payer spouse make certain alimony payments to the supported spouse for a set period of time. Before the expiration of that time, the supported spouse may petition the court to modify the amount or duration of alimony payments based upon a material change of circumstances since the previous order.

In a long term marriage, or where the court has reserved continuing jurisdiction over the amount and duration of alimony, either spouse may petition the court to modify the amount and duration of alimony payments, based upon a material change of circumstances since the previous order.

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Ri Common Law Marriage – Can a couple become legally married by living together as man and wife under rhode island’s laws?

Can a couple become legally married by living together as man and wife under rhode island’s laws?

Yes

[Note: a couple legally married at common law in another state is regarded as married in all states.]

RHODE ISLAND

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Can medical insurance be included in alimony?

Can medical insurance be included in alimony?

Often. In a case where the supported spouse depended upon the other spouse for health insurance during the marriage and does not have sufficient means to obtain such insurance, the court may require the payer spouse to continue to provide medical insurance. Alternatively, the amount of alimony can be increased so that the supported spouse will have the ability to purchase medical insurance.

It should be noted that an employer sponsored group health insurance plan can be required under Federal law to offer continuation of benefits at the group insurance rates to the supported spouse for up to three years after the marriage has ended.

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Can medical insurance be included in alimony?


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Medical Insurance Alimony Family-Law

Can medical insurance be included in alimony?

Often. In a case where the supported spouse depended upon the other spouse for health insurance during the marriage and does not have sufficient means to obtain such insurance, the court may require the payer spouse to continue to provide medical insurance. Alternatively, the amount of alimony can be increased so that the supported spouse will have the ability to purchase medical insurance.

It should be noted that an employer sponsored group health insurance plan can be required under Federal law to offer continuation of benefits at the group insurance rates to the supported spouse for up to three years after the marriage has ended.

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