Alimony can cause significant financial pressure. Being newly single and only earning one paycheck means you’ve already had to make significant changes to your monthly budget and lifestyle. Some people may be sly, devising clever strategies to avoid the financial pressure that alimony entails.
However, as enticing as it may be, you must handle the situation with caution, concern, and ethics. This allows you to avoid any legal consequences that may arise from attempting to avoid your soon-to-be ex-spouse.
The question is, is there a way around paying alimony?
The following are strategies recommended by spousal support lawyers that you can use to keep more of your earnings and avoid paying alimony.
Have a prenup
The easiest strategy to avoid having to make alimony payments is to avoid them in the first place. Many couples who want to marry choose to protect themselves by establishing a prenuptial agreement before the marriage becomes legal.
This paper fully discloses each individual’s income and the assets that each spouse will contribute to the union. The contract clearly states who owns which marital property.
This particular document should be written by your attorney and approved by a judge prior to your marriage.
Do not be concerned if you did not consider this before your wedding. You can produce a similar document even after the wedding has ended. A postnuptial agreement contains most of the same information as a prenuptial agreement, but it is prepared and signed after the marriage is finalized.
If you are already planning a divorce, these two solutions will be ineffective. Instead, consider inventive ways to keep your spouse content without having to pay alimony.
When negotiating, offer them a larger percentage of marital assets, a larger portion of retirement funds, or even the marital house. By doing so, you can avoid having to pay alimony.
You should keep an open channel of communication with your partner. Consider their wants and needs. That way, you’ll have an advantage in the scenario; just make sure to hire a mediator or attorney to help you negotiate a reasonable settlement.
Rather than giving monthly payments over a set length of time, you can ensure that your spouse receives a lump sum payment.
This can take the shape of a monetary lump sum settlement or marital property division. In a cash lump payment, as the paying spouse, you write a single check for the full amount owed to the dependent spouse.
In marital property division, you decide to give up a portion of your assets to your spouse instead of paying alimony. If you decide to follow this route, work with your attorney and come up with a structure that ensures that everyone is happy and satisfied.
Make changes to your lifestyle.
You have most likely already made significant changes as a result of your divorce. It is uncommon for the higher-earning spouse to receive alimony payments, so now is a good moment to examine how much money you really need to fund your monthly needs.
To avoid paying alimony, consider downsizing. For example, you can get a lower-paying job.
Prove your spouse was adulterous.
The laws governing alimony differ by state. Even with these variations, many states don’t allow unfaithful spouses to seek alimony payments.
While this is the case, you should note that it will require more than just your word that your spouse was unfaithful during your marriage. You must carry the burden of proof. This could take the form of showing the judge images and videos of your spouse.
You should begin gathering witness statements, and any other incriminating evidence you can think of that proves your partner was obviously having an affair.
After presenting it in court, the judge will make the final decision on whether your evidence counts as proof to support the charges of infidelity, as well as how it affects any alimony payments.
End your marriage as soon as possible.
Your state will determine how much alimony you will pay. However, one factor that states frequently evaluate is the duration of the marriage. Typically, the longer a person has been married, the more likely it is that you will be required to pay a larger alimony.
If you know your marriage won’t last, consider ending it as soon as possible. Stretching it out further and further only results in additional emotional suffering and higher chances of making alimony payments.
Some states will no longer require alimony payments if the receiving spouse moves in with a new partner or significant other. This information may be included in the fine print of your divorce decision.
A new marriage normally allows the payments to halt, so keep your eyes out on what your ex-spouse is up to in terms of their relationship. Keep track of them on social media and through pals. Make sure you are aware of when these life changes occur so that you can get your alimony payments terminated.
Prove that your ex-partner doesn’t need the money.
Some vengeful spouses seek alimony payments, even if they do not need the money to maintain their quality of living. For example, does your ex have access to a large amount of money, such as a trust fund or stock portfolio? Do they have any inheritance or savings accounts?
You should show this in court to prove that your ex-partner doesn’t need the alimony and they are out there to punish you.
You should check to see whether your spouse has any assets in their name that might prevent you from having to pay alimony. To accomplish this, you may want to hire a skilled forensic accountant to assist you in tracking down this asset or assets.
While accountants do charge a premium for their services, the savings from lengthy and expensive alimony fees will be well worth the investment.
Parting shot
These are some strategies you can use to go around paying alimony. To have an easy time doing it, work with experienced family lawyers Fairfax who will not only represent you in court but also advise you on the right measures to take to protect yourself from spending too much money on spousal support.