This is an agreement in which Spouse A (the spouse who is ordered by the court to make alimony and/or child support payments to Spouse B) must put assets (the principal) in a trust, from which the payments are made to Spouse B.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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In Arkansas, all marital property is distributed one-half (1/2) to each party unless the Court finds such a division to be inequitable.
Massachusetts laws ...the amount of alimony should generally not exceed the recipient's need or 30 to 35% of the difference between the parties' gross incomes established at the time of the order being issued.
There are 3 distinct types of alimony which can be awarded in Arkansas: temporary, rehabilitative, and permanent. These 3 different types of alimony are awarded in different circumstances and are designed to fulfill separate purposes.
As of 2019, alimony is no longer tax deductible to the person who pays it but it is taxable income of the person who receives it. Child support is not tax deductible to the person who pays it and is not included by the person who receives it.
In Arkansas, the amount of alimony awarded, and for how long, depends on one party's need and the other party's capacity to pay. The judge will also take some other factors into consideration when awarding alimony.
(Ark. Code § 9-12-312(b)(2) (2023).) Judges typically award rehabilitative alimony when one spouse has taken time away from paid or full-time employment while caring for children and the family home or supporting the other spouse's career or business.
Arkansas law allows the judge to order either rehabilitative alimony or permanent alimony. Rehabilitative alimony is of limited duration to allow the recipient spouse time to become self-sufficient.
The easiest way to get out of paying alimony is to have a frank discussion with your spouse about your situation. You may be able to reach an agreement between yourselves (even if it requires a little negotiating). You can also show the court that your spouse is perfectly capable of supporting him- or herself.
