What is the difference between temporary and permanent spousal support?
Table of Contents
What is the difference between temporary and permanent spousal support?
The basic differences are that temporary spousal support is ordered during a pending divorce and is often calculated by a guideline calculator, much like child support. On the other hand, permanent spousal support is awarded after a court has ordered the dissolution of a marriage.
How long after separation can you claim spousal support?
You can apply for maintenance at any time. However, you must apply for maintenance within 12 months of your divorce becoming final for married couples or within 2 years from the date of separation for de facto couples.
Do you have to claim spousal support as income?
If you receive monthly spousal support, you must pay income tax on the total support you receive each year. And, you can claim a tax deduction on legal fees spent to get monthly spousal support. But, if you receive all of your spousal support at once in a lump-sum payment, you do not pay income tax on it.
Do I have to pay taxes on temporary spousal support?
I am frequently asked if a person who is obligated under a temporary court order may deduct those maintenance (spousal support) payments, from their taxes. While there is no specific I.R.S. The payments cannot be designated as non-taxable (not includible in gross income and not allowable as a deduction.