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How Does Spousal Support Work and Is it Always Necessary?
Spousal support, also known as alimony to some, can be awarded by a family law judge during divorce cases. Through spousal support (alimony), the law attempts to ensure that both separating spouses continue to live comfortably after their marriage or relationship ends. Courts will assess the lifestyles and financial position of each spouse pre-divorce to determine what the court believes to be an appropriate payment for the other partner, either as a lump sum or, more often, with regular payments over a certain period of time. Depending on the unique circumstances of each party, spousal support or alimony may be required for short-term or long-term periods, whatever the judge believes is necessary to help an individual maintain a certain quality of life while readjusting financially following the dissolution of the marriage or relationship.
In recent years, with more women in the workforce, spousal support or alimony has become less common than it used to be. However, spousal support (alimony) negotiations still play a significant role in divorce law. Spousal support (alimony) is not awarded in every divorce case and will only be ordered if a judge deems it necessary. If both spouses have more or less equal earning potential following the division of assets, compensation from one spouse to the other may not even be an issue.
How Should Spouses Negotiate Spousal Support or Alimony Arrangements?
When negotiating for a fair spousal support or alimony settlement during divorce proceedings, you must negotiate fairly. A family law judge can deem negotiations unfair if it is proven that undue pressure or coercion was applied to make the other spouse sign an agreement. You must enter negotiations with a willingness to communicate and an ability to be fair and just.
While you should make a list of your needs, such as your need to receive spousal support/ alimony or the need to stay in the matrimonial home, it is also important that you remain realistic. You’re not going to get everything you want.
You must try to stay in control of your emotions during the negotiation process. In some divorce cases, this may be near impossible for certain spouses. For that reason, among so many others, you should retain the representation of a lawyer experienced in family law cases to speak for you during these times.
Both spouses should be prepared to share an accurate and complete assessment of their income, debts, and personal assets when negotiating spousal support or alimony. Intentionally leaving out any vital information from your financial statement can damage credibility with the Court and result in problems later in your case.
One method that can possibly speed up the alimony negotiation process is making an offer to settle. A written offer to settle is a formal proposal listing the compromise on certain issues that a party is prepared to make to resolve open issues in your divorce proceedings. Such offers can be made at any time.
What Are Tips and Strategies for Successful Spousal Support or Alimony Negotiations?
Do not be afraid to take the first step to settle your family law matters with your soon-to-be ex-spouse. Many spouses fear taking that first step, believing that it could be perceived as a sign of weakness. But actually, we believe it to be a sign of strength. You are far more likely to move on with your life sooner if you are willing to take that first step instead of waiting for the other spouse to take it for you or you both ignoring it completely for a time.
- Don’t get too personal: It can be tricky, even impossible for some of us, but try not to get too personal with your spouse during divorce proceedings. Making mean, derogatory, and curse-laden remarks to each other can dramatically hinder alimony negotiation efforts. If you must vent your frustrations, do so out of earshot of your spouse, the judge, and any children you may have.
- Always be willing to negotiate: Refusal to negotiate or communicate, even if just through counsel, can result in a longer and more difficult case, potentially leading to litigation or a courtroom trial.
- Be willing to adjust your lifestyle: If you make more than your soon-to-be ex-spouse, you may be asked to provide spousal support (alimony). To prepare for the cost, it is wise to consider adjusting your lifestyle to reduce monthly expenses, such as living more modestly.
- Remain honest at all times: Failure to disclose vital information that has been requested or ordered by the courts could be considered concealing assets and be met with harsh penalties.
- Be open to mediation: Mediation can be a helpful negotiation alternative. During mediation, a neutral third party, known as the mediator, helps the two divorcing spouses reach common ground through useful discussions.
Try to consider the long-term implications of your support case and the divorce proceedings at large. Many spousal support agreements are not long-lasting or indefinite. Attempt to negotiate for a final agreement that provides short-term protection and consider extended spousal support in the case of a lengthy relationship or marriage.
When is it Not Suitable to Engage in Negotiations?
Negotiating a fair divorce settlement and support arrangement with your ex is not always recommended.
Negotiation may not be suitable in some circumstances, including but not limited to:
- When there is cause to believe that one parent may engage in parental kidnapping and take your child out of the country;
- When there is a history of domestic violence or abuse;
- Where there is the belief that one spouse is trying to hide critical information, including financial assets and disclosure.
Can Spousal Support/ Alimony Be Modified or Terminated at a Later Date?
Spousal support or alimony arrangements can be modified or terminated based on several potential conditions. Modifying an agreement or an order for spousal support (alimony) usually requires an unexpected and significant incident or set of circumstances that significantly influence one or both parties’ livelihoods. Examples include substantial changes of circumstances for either spouse, including disease, catastrophic injury, job loss, or a significant pay raise.
If you are considering seeking a change to a spousal support or alimony arrangement, we recommend you retain professional legal counsel from experienced family law lawyers. Contact our law firm for legal assistance.
Contact Us for a Free Consultation with Our Compassionate Legal Team Today
Legal guidance can make all the difference between successful and failed spousal support (alimony) negotiations. We encourage all spouses going through divorce to consider retaining the legal representation of an experienced and knowledgeable family law lawyer. Our legal team has extensive experience representing clients in complex family law cases, including spousal support or alimony negotiations. To learn more about our legal services, please contact our law office to schedule a free case evaluation today. You may reach us at 647-933-2397.
