Legal Insights for Individuals & Families
Stark & Stark Shareholder Maria Imbalzano, member of the firm’s Divorce Group, authored the article “How Does a Bonus Factor into Alimony?,” which was published on May 27, 2015 by the U.S.1 Newspaper.
The article discusses the different types of incomes that may be looked at when calculating alimony payments, and Maria mentions that there are two ways we can deal with unknown or variable income, such as bonuses. “We can take an average of the prior three years… [or] the parties may wish to agree upon a percentage of the future bonuses that the payee shall receive.”
If the parties agree to a percentage of future bonuses, it is recommended that they consult with experienced legal counsel because “the wording of the Marital Settlement Agreement must be very specific and clear in communicating the parties’ intent.” Maria discusses the recent case of Sercia v. Sercia where the ex-wife was denied supplemental alimony due to the language in the Marital Settlement Agreement.
You can read the full article by clicking here.
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