Your divorce can have significant financial implications for your stability and lifestyle for years to come. Therefore, it’s imperative that you do everything possible to protect your interests, which could include fighting back against a request for alimony.
If your spouse is successful in obtaining an order for alimony, then you could be stuck paying significant monthly payments to them until such time as they become self-sufficient.
How can you effectively defend against paying spousal support? Let’s look at some options that could be available to you so that you have a better idea of how to approach your unique set of circumstances.
Key defenses against spousal support
Although it may seem like alimony is inevitable in your divorce, that isn’t necessarily the case. Before simply agreeing to pay an undeserved amount to your spouse, consider whether you can implement any of the following legal strategies:
- Sign a prenuptial or postnuptial agreement: You can put a spousal support issue to rest before it even comes up by negotiating either a prenuptial agreement or a postnuptial agreement with your spouse. Here, you can place limits on any alimony you agree to pay, or you and your spouse may decide to forego spousal support altogether. You can be flexible here to ensure that the agreement suits both of your needs. Just be prepared to address other divorce legal issues in the agreement, too.
- Engage in effective settlement negotiations: Most divorces settle through negotiations. While navigating that process, it’s important to identify points of leverage so that you can use them to your advantage. For example, if there’s a certain marital asset that your spouse is dying to keep, then you might be able to give that to them in exchange for them foregoing a request for spousal support. So, be thorough in your preparations for settlement negotiations.
- Gather evidence of self-sufficiency: At its heart, spousal support is aimed at providing assistance to a spouse who is not self-sufficient. In many instances, the court awards this support because the spouse sacrificed their own education or career to raise children or support the other spouse. But if you can demonstrate that your spouse is capable of being financially self-sufficient, then there is little need for alimony. Be comprehensive in requesting financial records from your spouse so that you have a realistic picture of their financial well-being. Also, be ready to present evidence about how their education and work experience renders them marketable in the workplace.
- Consider a lump sum payment: As mentioned above, an order for spousal support will require you to make monthly payments, which can be incredibly burdensome. But you might be able to escape such an order by agreeing to pay your spouse a lump sum. This amount may be minimal in light of how much monthly payments may accumulate, so this could be an option worth considering.
Know how to protect your financial interest throughout your divorce proceedings
There are a lot of moving parts to a divorce, and you have to effectively address each of them if you want to protect your interests as fully as possible. That’s why it’s critical that you understand the law and how it applies to your set of circumstances. Only then can you develop the divorce legal strategy that’s right for you under the circumstances at hand. Hopefully then you’ll be positioned to secure the divorce outcome necessary to bring your vision of the future into reality.