4 Strategies To Avoid Paying Spousal Maintenance After Divorce

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4 Strategies To Avoid Paying Spousal Maintenance After Divorce

3 August 2016
 Categories: Law, Blog

If you are against the idea of paying spousal maintenance after a divorce, there are some strategies you can employ to escape this duty and hopefully save money. However, you may have to adjust your lifestyle or have a plan prior to getting married if you are to successfully do so. Read on for 4 tips on how you can get out of paying alimony after divorce.

Prove your spouse was unfaithful

Infidelity is typically seen as the biggest betrayal in marriage, and some states actually view it as a reason for denial of alimony. If your state considers adultery as a factor in awarding alimony, you may be able to avoid spousal maintenance payments by obtaining proof that your spouse was unfaithful during the marriage. The court will usually require hard evidence such as photos, videos or witnesses. 

Get a pre-nuptial agreement

If you make more money than your spouse, you may avoid paying alimony in case of a divorce by getting a pre-nuptial agreement. This legal document can be used to protect your assets and even outline that you will not have to pay spousal support if you get divorced.

An experienced family lawyer can help you draft a document that reflects all your wishes in terms of property division and alimony payment before you get married so your money and assets are protected. 

Seek an early divorce

If you are unhappy in a marriage early on, you may be able to escape paying spousal support or cut down on the payments by getting out early. This is because one of the main determinants of how much alimony will be paid is the length of the marriage.

A very short marriage will typically not end with an order for divorce. If you stay in an unhappy marriage for long, you may have to pay more in alimony when you finally decide to end the marriage. 

Downgrade your income and lifestyle

If you are living on a larger scale and making more income than your ex-spouse, you will likely have to make spousal support payments. This is because judges essentially look at the financial state and lifestyle of each spouse when determining who will pay alimony.

If you can successfully downsize your income, say by taking a demotion at work, you may not have to pay alimony payments. You can also avoid payments if you are in a lot of debt. To learn more, visit a website like http://www.scottandscottlaw.com.