You may be able to circumvent the payment of alimony by. If a spouse and parent has sole custody of the child or children, he or she has significant responsibility for their day-to-day care and payment of expenses. For a comprehensive look at alimony, check out our excellent guide on California alimony laws. Every state has different laws pertaining to alimony eligibility, acceptable spousal support terms, and terminating actions that result in alimony payments ending. The best way to avoid paying alimony is to plan ahead. If your marriage has lasted for two decades and you were the bread winner of the family, you are most likely going to pay for spousal support but if you were married for only a short period time, it’s unlikely that the judge would require you to help support your ex. Before you get married, consider creating a prenuptial agreement that prevents alimony payments in the event of a divorce. If you really can’t stand to see another ad again, then please consider supporting our work with a contribution to wikiHow. The other spouse would need to provide clear and convincing evidence of the infidelity. Nobody can predict such numbers but at least history may give the spouse, attorney and forensic accountant indicators to come up with reasonable amounts. Both parties must disclose assets. Denver, Colorado 80237. Every divorce is different, and an experienced Midwest divorce attorney is the best possible resource for answers to specific questions about your situation. Remember that family law is unique in that either spouse can revisit the terms of a negotiated divorce agreement and adjust the terms of the agreement, as necessary. The money that you spend to hire an expert to help you could be pennies compared to the cost of income taxes you may owe. Then, fifty percent of the monthly adjusted gross income from the lower-earning spouse is deducted. I work to defend you and protect you from any situation in my practice areas. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. Family Code section 4321(a) states: In a judgment of dissolution of marriage or legal separation of the parties, the court may deny support to a party out of the separate property of the other party in any of the following circumstances: (a) The party has separate property, or is earning the party's own livelihood, or there is community property or quasi-community property sufficient to give the party proper support…. Please do not complete this form for any matter outside of Southern California. Please try again. Courtroom Victories or Successful Settlements, What Result Focused Representation Really Means, Pro Bono Services For Domestic Violence Victims, What the Best Family Law Attorneys Have in Common, Breakups That Lead to High Conflict Divorce, Planning For A Contested or High Conflict Divorce, What To Expect From Your Divorce Attorney, What To Expect From Your Spouse's Divorce Attorney. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. Our attorneys are licensed solely in the State of California. The answer in most instances is no. In other states, however, adultery won’t prevent your spouse from getting alimony.

By continuing to browse the site you consent to the use of cookies. self employed spouses on divorce strategies, guide on cohabitation and alimony in California. Your spouse does not need the alimony requested, or, You do not have the ability to pay the alimony requested. Ways to Avoid Alimony in California Many couples expect alimony or spousal support when they get divorced. In the simplest terms, alimony or spousal support is payment from one divorcing spouse to another, providing the recipient with extra financial support so they can become self-sufficient after their marriage ends. Call 303.840.2700. The best way to avoid paying alimony is to plan ahead.

An example of this would be if your spouse wants to work part-time and collect alimony but has the … Privacy Policy | © 2020 South Denver Law. Lengthy marriages can also require lifetime alimony payments. I was married to my husband for 21 years and am receiving alimony. If both spouses in a divorce earn equivalent levels of income, there may be no need for alimony negotiations. Alimony is very unlikely to come up in divorce proceedings for short marriages.

The court generally aims for the recipient to have enough spousal support to complete higher education, obtain employment, and make suitable living arrangements that compare to their quality of life while married.

You might wonder whether you will have to pay alimony to your ex.

This website's content is solely for residents of California or residents of the United States or Canada who have a family law matter in California.

The above example underscores an important point - settlement agreements that include alimony should take into consideration other terms when determining alimony amounts. Making monthly alimony payments can be frustrating for a former spouse. Doctor of Law, University of Wisconsin-Madison. If you feel disconnected or frustrated about the state of your marriage but want to avoid separation and/or divorce, the marriage.com course meant for married couples is an excellent resource to help you overcome the most challenging aspects of being married. Keep in mind that there may be tax consequences if you decide to accept a lump sum payment for your alimony. By contacting us through this form, you authorize us to communicate with you by email and you agree to these terms and conditions. Sign up for an account. An example of this would be if your spouse wants to work part-time and collect alimony but has the experience and education for full-time employment.

The longer a marriage lasted, the greater the chance for alimony to arise as a topic during divorce proceedings. (c) Nothing in this section precludes later modification or termination of alimony on proof of change of circumstances. Where the spouses are equally situated financially, there is generally no alimony awarded. The length of the marriage. Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location. Nobody wants to pay too much alimony or pay any alimony for too long. Read our guide on cohabitation and alimony in California. © 2020 by Stange Law Firm, PC. It will depend on the state, but in the case of Massachusetts - cohabitation can be a factor in reducing or ending support and it does not need to be romantic cohabitation. When you choose us, you don’t have to sacrifice quality or service.

In Bloomington, Illinois, you must utilize the court system to legally terminate a marriage. The choice of a lawyer is an important decision & should not be based solely upon advertisements. This article has been viewed 39,043 times. However, if that same payment is instead classified as a "settlement," this may allow you to not be taxed on the amount.