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?
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.
Mat Camp is a former Lexicon Services Online Editor, who focused on providing a comprehensive look into all aspects of the divorce experience. On MensDivorce.com, he concentrated on issues, such as parenting time, custodial rights, mediation, the division of assets, and so much more.
Mr. Camp used the wealth of experience of Cordell & Cordell attorneys to bring tangible answers to reader questions in Ask a Lawyer articles, as well as offer a step by step process through the divorce experience with Cordell & Cordell Co-Founder and Principal Partner Joseph E. Cordell in Divorce 101: A Guide for Men.
Mr. Camp used thorough research to highlight the challenging reality that those who go through divorce or child custody issues face. He helped foster the continued success of the Men’s Divorce Survival Guide, the Men’s Divorce Podcast, and the Men’s Divorce YouTube series “Attorney Bites.”