How Does a Bonus Factor Into Alimony?
By Moskowitz Law Group, LLC |If you or your spouse earns a yearly bonus, you may wonder, “How does a bonus factor into alimony?” It is a common and important question, as this kind of pay can make up a large part of a person’s total income.
In short, it usually counts, but how the Court handles it depends on the details. Our family law attorneys at Moskowitz Law Group can help you understand how a bonus factors into alimony and plan for a fair outcome, whether you expect to pay support or receive it.
How Does a Bonus Count as Income?
In New Jersey, courts base alimony largely on each spouse’s income and financial needs and the lifestyle the couple enjoyed during the marriage. A court weighs many factors, including each spouse’s earning capacity and ability to pay. For this purpose, income includes more than just a base salary.
Along with commissions, overtime, and other earnings, bonuses can increase the income figure that the Court uses when determining financial support. As a result, extra pay from bonuses can significantly affect the amount of alimony the Court awards.
Handling a Bonus That Changes Each Year
The challenge is that these payments may vary from year-to-year, or not be paid at all in certain years. To account for this, the Court will often review several years of bonus and income history and use an average, which provides a fairer picture of true income.
In other cases, the Court may determine a base alimony amount based solely on salary, then order the supporting spouse to pay a percentage of any future bonuses to provide additional support. Because these arrangements depend on solid proof rather than speculation, clear documentation of past bonuses and the basis for the bonuses is essential. Paystubs, tax returns, and employment records all help provide a true and accurate representation. A family law attorney can gather this evidence and argue for a fair and accurate outcome.
Speak with an Attorney About How Bonuses Factor Into Alimony
Bonuses can complicate an alimony case. With the proper guidance, you can ensure the Court accounts for this income fairly, whether you are paying or receiving support.
If you want to learn how a bonus factors into alimony, contact Moskowitz Law Group today for a consultation. Our dedicated family law attorneys can help protect your income and your future.