Over a million couples file for divorce every year. The process can be very stressful and painful for both parties in the dispute. However, divorces are usually most difficult for people that need to pay substantial amounts of money to their previous spouse. You may want to work with your lawyer to see if you can reduce or avoid paying alimony. Here are some factors that you should consider.
Ways to Reduce of Avoid Alimony
Alimony laws were created to provide safety news to the spouses with lower incomes. However, almost all states have built-in protections for the other spouse as well. Here are some ways that you may be able to avoid or reduce future alimony payments.
Look at Your Prenuptial Agreement
Did you and your former spouse sign a prenuptial agreement? You will want to review it carefully, because there may be a provision in the agreement that would get you out of paying alimony after your divorce. Have an affordable divorce & family law lawyer review your agreement to see if there are any provisions that can help you avoid making alimony payments.
Bring Up Risks with Irregular Income
You should stipulate whether or not you have irregular income in your divorce agreement. The court needs to understand if you are self-employed, living off of investments or depending on other unpredictable sources of income. This will allow you to reduce payments in the future if your income decreases.
Raise Marital Problems
Even without a prenuptial agreement, you may be able to avoid alimony by bringing up marital problems that you experienced. Many states have no-fault laws, which means that misconduct on your spouse’s part may bar or reduce their alimony payments. For example, in Texas, if you can prove that your spouse an affair then you may be able to get out of paying alimony. You should ask your lawyer if your state has no-fault laws.
You may also be able to avoid or reduce your alimony payments if the marriage was short-lived. Many aren’t forced to pay alimony after leaving a short-term marriage.
Argue that Your Spouse Has Strong Earning Power
Many homemakers believe that they will get a great alimony settlement if they argue that they are poor. However, judges usually make alimony decisions based more on their potential earning power than their current income.
You should bring up your spouse’s past career history, credentials and other factors that will make them look like a viable employee. This will make the judge less sympathetic and more likely to reduce your future alimony payments.
Try to Get the Property as the Settlement
The judge may consider property taxes that you will be paying when deciding alimony. It is a good idea to try to convince your spouse to let you keep the house. This may not be difficult since they had a lower income, because they may not be able to afford the property taxes or mortgage. At least your money will go towards building and retaining equity in the property rather than paying alimony.
Help Your Spouse Get Married
You won’t need to pay alimony if your spouse becomes married. Try to encourage them to find somebody else so that you can avoid your obligations.
