(Newswire.net — January 6, 2022) —
1. Rental apartment:
If one spouse moves out, the rent can often not be borne by the other spouse alone. Before moving out, it should be clarified whether the apartment can be kept permanently – e.g., with the maintenance payments.
If the rental agreement has been signed jointly, the landlord must delete the moving spouse from the rental agreement. If both spouses request a corresponding amendment to the rental agreement, the landlord may not oppose this – even if the spouse remaining in the apartment is not solvent. This was regulated in the law on September 1, 2009.
The deposit is incidentally both spouses and is in half divide.
2. Condominium:
From the moment you move out, it must be clarified who will pay the loan installments in the future. Usually the spouse who stays in the apartment or house pays. For this he does not have to pay the other spouse who has moved out any usage fee.
Of course, both spouses remain responsible to the bank.
If the spouses have paid, for example in a building society loan agreement or in a life insurance policy, to redeem the loan, both of them are entitled to this credit together.
3. Spouse’s maintenance:
If a spouse still lives in the house or apartment, the following peculiarity applies to the maintenance calculation: The rent that could be charged for this living space is considered the income of the spouse who uses the apartment. In the first year after the separation, this rental saving will be reduced to a reasonable value. This is to prevent the spouse from being disadvantaged when calculating maintenance and having to move out. However, if the spouse continues to live in an apartment that is too large for him after the year of separation, his income will be the possible rent that could actually be earned for this property.
For example: a common house, the husband moves out, the wife stays with the children and pays the loan:
a) In the year of separation:
Income from work husband: $ 3,000. Income from work wife: $ 900
⦁ + Appropriate rental savings: $ 500
⦁ – Credit installments: $ 1,000
⦁ Total income: $ 400
⦁ Difference: $ 2,600, spouse support 3/7 = $ 1,115
b) From the application for divorce or after the 1st year of separation:
Income from work husband: $ 3,000. Income from work wife: $ 900
⦁ + realistic rental savings: $ 1,000
⦁ credit installments: $ 1,000
⦁ total income: $ 900
⦁ difference: $ 2,100, spouse support 3/7 = $ 900
As of the application for uncontested divorce Las Vegas, the wife receives significantly less maintenance – although nothing has changed!
Moving out of the apartment also has an impact on the following:
⦁ Income tax
⦁ Gain compensation (information)
⦁ Right to determine residence
⦁ Information rights
⦁ Maintenance obligation
⦁ Divorce Requirements
Divorce, Separation, and alimony
Maintenance is to be arranged immediately after the separation. In the month of separation, the other must be put in default. In urgent cases, a divorce lawyer can enforce an immediate settlement in court. The maintenance for children is based on the Las Vegas constitutional law. Please note, however, that half of the child benefit must also be deducted – at least if the child benefit is paid to the other parent.
The spousal support is calculated on the basis of the difference between the two spouses’ incomes. Who is “to blame” for the breakup does not count.
For example, the husband earns $ 2000, the wife $ 1000 and she looks after the child (6 years):
Maintenance calculation:
Husband net income $ 2,000
From this child support $ 309
Remains $ 1,491
Net income wife $ 1,000
Difference $ 691
As a result, however, the maintenance debtor must have enough left for his or her own life (the deductible must be observed):
Husband net income $ 2,000
Child support $ 309
Spousal support $ 297
Remains $ 1,394
The deductible of $ 1050 is preserved
Result:
Child support $ 309
Spousal support $ 297
Total maintenance $ 606
But be careful: The maintenance calculation also includes income that you don’t have at all. B. does not work or does not work fully, although he could, the fictitious income is taken into account. So z. B. the wife works full time if the four-year-old child can be fully cared for in the daycare center or in the after-school care center! If she does not do this, she will still be credited with an income and she will receive less maintenance.
There are different ways to clarify the maintenance. First of all, personal advice from a lawyer should always take place. He will clarify the income situation and the amount of maintenance. In this case, it makes sense to agree on the maintenance. If this is not possible, the family court will clarify the maintenance upon application.
The cost of such a procedure pays
⦁ The low-income state.
⦁ The other spouse, if they either have much higher income or if the lawsuit is successful.
Taxes and Divorce
After separation, the tax advantage for spouses ends and they have to return to the separate assessment:
⦁ The spouse with the “better” tax class 3 must be in tax class 1 and will pay more tax in the future; the spouse with the “worse” tax class 5 also changes to tax class 1 (or 2) – his net income increases.
⦁ Even if both spouses have tax class 4, tax class 1 applies after separation. Then little changes to the net – but there will be no more tax refunds at the end of the year in future.
The joint or separate assessment always applies to the entire calendar year. If spouses separate at the end of a year, the separate tax bracket will apply from January of the next year. In the event of a separation at the beginning of a year, the joint assessment and tax advantage remain until the end of the year. So if a separation cannot be avoided, the right “timing” is important.
Incidentally, each spouse is obliged to choose the joint assessment if the other spouse so wishes, even in the year of separation. As a rule, this is also more favorable for both, because the tax advantages of one spouse also flow to the other spouse through the spousal maintenance.