Question:

My wife and I are going through a divorce, and I am pretty sure that I will be ordered to pay spousal support. However, I am not sure how this works when it comes to taxes and my income.

Will my spousal support payment come out of my pay before or after taxes?

Answer:

In Virginia, where I practice, spousal support (also known as alimony) is calculated based on your gross income, meaning before taxes are taken out of your pay.

If you are paying alimony to your ex-wife pursuant to a wage withholding order, then your support payment will be deducted from your gross pay, including taxes.

If you pay support to your ex-wife directly, you will pay her the monthly support amount based on the net pay you receive after all taxes and other deductions are taken out.

In Virginia, there is a rule that only a certain percentage of your pay can be garnished.

However, if your employer deducts less than your monthly support obligation, you are still required to make a payment to your former spouse to account for the difference in the amount paid.

If you have more questions about how alimony is calculated and paid to your soon-to-be ex spouse, I encourage you to contact an attorney licensed in your state to go over exactly how the local statutes regarding alimony are written since this will vary by jurisdiction.

Remember, I am unable to provide you with anything more than tips on your situation, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney in Virginia, contact Cordell & Cordell.