Being a newly divorced person is not easy, neither mentally nor economically. In addition to the expenses of the divorce itself, such as lawyers, you have to keep up with alimony payments. That becomes a key point in your new individual budget now.
If you are reading this, you are searching for a legal solution for having to pay alimony to your ex-partner. So let us tell you that it is possible, especially if your ex-partner is not financially dependent on what you deposit every month.
Legal ways of not paying alimony
It is not easy re-adapting to the single life, even more considering that a part of your salary is directed to the payment of alimony. So following certain circumstances and depending on the law in your state, you may be able to opt-out of paying alimony or get away with paying a smaller amount of money.
In most cases, there will always have to be the intervention of a judge to analyze the situation. To avoid this legal process, the first recommendation is always to talk to your ex-partner.
Believe it or not, it is possible to reach an agreement where both parties understand each other’s needs.
Likewise, certain legal parameters must be followed for this to happen. Therefore, below we will present a series of ways to avoid paying alimony or to reduce the required amount.
A prenuptial agreement
According to lawyers, the best way to avoid paying alimony is not to get to the point of paying it.
Therefore, it is recommended that prenuptial arrangements be made before the wedding. Perhaps it is not usually one of the nicest options to consider divorce before getting married, but you never know what the future may bring.
With these agreements, a contract is signed where the economic assets of each couple’s members are established. Marking the same way they come are of both, and they will be divided during the separation process. A judge approves everything before marriage.
Using this monetary breakdown, monetary equality is sought after the marriage. So in case, the child is affected, the court can cancel it.
This is why it is recommended to maintain a certain degree of understanding for the other as he goes through the same complicated divorce situation.
A short marriage
One of the key points for the amount to be paid imposed by the state is how long the marriage lasted. So if your marriage was relatively short, you could argue before the judge about this. Emphasizing the impact of your assets on the economic life of your ex-partner.
If your ex-partner does not work, evaluate their ability to work
There are many cases where the spouses, after the marriage, remain doing housework or taking care of the children. This will benefit them financially because the judges will set a higher amount of support.
So if this monthly amount is beyond your financial means. You can always discuss the evaluation of the working capacity of your ex-partner in court. This is considering your inability to pay the amount imposed and assuming they can work.
Also, if the amount you pay is above the standard necessary to live in your region, the judge will be able to evaluate it and reduce it, always considering that the spouse does not work. Another point to think about is that if there is the capacity and availability of the spouse to work, they should start working.
Show proof that your spouse earns more than you do
This may be a solution if you have been paying alimony for some time. This is because legally, as long as your spouse earns more money than you, you will not have to pay their alimony.
This is one of the most common situations. Since even if your partner does not need it, they will often still demand the monthly payment. In this case, the process must be taken to court, where a judge will be responsible for imposing the limits and deciding whether you continue paying alimony.
Help your ex-partner get a job
Suppose your partner gets a job that allows them to live under legal standards. A judge may release you from your alimony obligation. So helping her to get a stable job is not a bad option.
Likewise, suppose the amount imposed by the judge exceeds your economic capabilities. In that case, you can always reach a verbal agreement with your ex-partner, where you provide the monthly needs that fit your budget.
Pay one lump sum
In almost all U.S. states, alimony payments are not permanent but rather have a deadline. So, if you have the money, you can pay a lump sum of alimony.
This is a solution for those who can afford it. However, you can always organize your payments under a direct deposit system. Where on the same date, the amount is deposited to your spouse’s account.