Many people don’t know the difference between alimony and child support. But it’s important to know if you ever get divorced.
The most fundamental difference lies in who the money is intended to serve. Alimony is intended to benefit a spouse, while child support is intended to benefit a child.
In this article, we’ll go over the difference between these two terms in more detail and what each entails.
Let’s get started!
What is alimony?
Alimony payments (aka “spousal support”) are typically ordered by a judge so that a spouse can maintain the same lifestyle they had during the marriage. In many cases, it is awarded to the mother, who may have sacrificed a career in order to take care of the couple’s children at home.
Other times, alimony payments are used to offset instances where marital property can’t be equally divided (e.g., a house).
In every case, alimony must be requested by one of the spouses. It is not granted automatically.
To determine whether alimony payments are warranted and how much is required, a judge will consider many factors, including the length of the marriage, the health and income of each spouse, who has custody over children, and the level of domestic responsibility each takes on.
Alimony is typically ordered to be paid for a specified amount of time or until the receiving spouse remarries.
When it comes to taxes, alimony payments are considered tax deductible for the paying party and taxable for the receiving party if the divorce was finalized before December 18, 2018. For divorces finalized after this date, both the deduction and requirement to claim alimony as taxable income are eliminated by the Tax Cuts and Jobs Act.
What is child support?
Child support is designed to support a custodial parent in taking care of a child. It helps them pay for things like the child’s housing, food, clothing, medical care, and other necessities. For example, a father will often pay child support to the mother.
Unlike alimony, however, the spouse receiving child support can’t spend it on themselves. In fact, misusing child support funds can get you in serious legal trouble.
Before ordering a spouse to pay child support, a judge will weigh many factors, including both spouses’ incomes, the number of children in question, the specific needs of those children, and more.
Whichever spouse is ordered to pay child support must usually do so until the child turns 18 and officially becomes an adult. In some cases, child support may continue beyond that in the form of college tuition assistance.
Child support can be paid voluntarily, but it’s also required per a court-ordered financial agreement. To enforce such agreements, all states have a child support enforcement program that also offers other services, such as locating noncustodial parents, establishing paternity, and collecting child support payments.
When it comes to taxes, child support payments aren’t deductible for the spouse who pays them, nor are they considered taxable income for the spouse who receives them.
The bottom line
Alimony and child support are both important mechanisms for alleviating the damage caused by a divorce. However, they are not always amicable arrangements.
On the one hand, you may feel you deserve more alimony or child support than you are getting. On the other hand, you may feel that you are being taken advantage of and that you don’t owe your former spouse any alimony or child support, or you don’t agree with the required amount.
Whatever the case may be, the best thing to do is consult an experienced family law attorney who can help you understand your rights in divorce settlements and help you win a fair resolution.