There's no requirement to receive alimony in most states.There are a number of factors that affect whether one spouse gets payments from the other.A spouse who abandons their spouse without good cause is not entitled to alimony.The situation may be more complex if you were the spouse who abandoned.To avoid having to pay alimony in instances of abandonment, make sure that your spouse has the means to support themselves, and that you have not left them in the lurch financially.
Step 1: You should remove your name from joint accounts.
If you're planning to leave your spouse, you should separate your finances as much as possible.This may not be an option if you plan to leave secretly.Courts don't consider abandonment when dividing assets.If you ran up high credit card balances or removed large sums of money from joint accounts, you may have to pay your spouse back.If you want to keep your money there, you should set up your own accounts.If your paycheck is deposited into the joint bank account, you can open a separate account and change your direct deposit to that account.Large sums are being removed from joint bank accounts if you run up credit card balances.A large withdrawal from a joint bank account can look suspicious.
Step 2: Financial records and documents should be gathered.
A spouse is required to pay alimony to an abandoned spouse because they left the spouse without making any payments.Even if they were not dependent on you and would be able to take care of things, this can put the abandoned spouse at a disadvantage.Leaving doesn't give them time to plan and adjust their standard of living so that they can pay their own bills.If you have a full understanding of your joint accounts and obligations, you can work out arrangements to ensure your spouse isn't suddenly responsible for all the bills.If you've opened a separate bank account, you can change the automatic billing for some bills to come from your separate account instead of the joint account.In the meantime, making these arrangements can help you avoid alimony, since all of this will be sorted out through the divorce.
Step 3: Joint debts should be evaluated and divided.
Abandoning a marriage doesn't mean abandoning your debts.If you claim the debts that are your responsibility and make arrangements to pay them, you can reduce the chances of paying alimony.If you have two joint credit cards, both of which have $5,000 balances, you can take full responsibility for one of them.Remove your wife's name from that account, and your own from the other one.Take responsibility for the whole thing if there is a joint debt.Taking over the car payments can help you avoid alimony if you and your spouse bought a car together.The key is to leave your spouse with as little joint debt as possible, so they only have to pay the debts that benefited them.
Step 4: If you want to settle your interest, offer a lump sum.
If you have the money, you can make a lump-sum payment to your spouse instead of regular alimony payments.The money buys out your interest on your joint debts.If you and your spouse have large joint obligations, such as a mortgage, paying down some of those debts can relieve the burden on you.If you have the ability to give a large lump sum, it can help you avoid alimony.The lump-sum payments are not payments made in the context of the division of assets.Regular periodic payments, such as once a month, are what you don't avoid with a lump-sum payment.
Step 5: Hire an attorney.
An experienced family law attorney can help represent your interests and make the best case for you that your spouse is not entitled to alimony if you have filed for divorce.If your spouse already has an attorney, this is also true.When your spouse has an attorney, you don't expect your interests to be considered fairly.If you don't know anything about family law attorneys in your area, check your state or local bar association's website.You can find a directory of licensed attorneys on the internet.If you want to find an attorney who is experienced at defending clients against claims for spousal support, you should look for one who has a record of defeating those requests.
Step 6: The court considers a number of factors.
Depending on the state, a spouse is entitled to support after a divorce.Determine which factors lean in your favor and which ones don't with your attorney.Your spouse's ability to rebuild after the divorce is one of the factors that have nothing to do with finances.The physical condition of your spouse can be an important factor.It won't come into play if you're both the same age.If your spouse is older than you, age could be a factor.Even if your spouse takes several years off of work, they have plenty of time to get back into a career.If your spouse is older or disabled, theocrat will consider that you must pay alimony.It will be harder for them to find work and the work they do find won't pay very well.
Step 7: You should compare your spouse's education and earning potential.
If your spouse's education and earning potential surpasses yours, you can argue that you should not have to pay alimony.If your spouse has an advanced degree and you put your own education on the back burner, you shouldn't have to pay alimony.If your spouse only has a few years of community college under their belt, you may have more difficulty avoiding alimony.If you were married when you got your degree, this is also true.Your spouse will argue that they sacrificed their education to support you with the idea that your advanced degree would benefit you both in the long run.
Step 8: Spousal contributions can be reviewed through the history of the marriage.
You should not have to pay alimony if both you and your spouse have contributed equal amounts to the household throughout your marriage.If you lived together as a couple over the past few years, the judge or jury will look at your standard of living.If you gave the majority of the money your spouse relied on, he or she will be considered dependent.If both of you contributed, the court will look at whether your spouse is capable of maintaining a similar standard of living on their own, including meeting all their basic financial needs.Abandonment is a factor in how the court considers alimony in most states.
Step 9: Look at how long your spouse has been out of work.
If your spouse has been out of work for a long time, you should calculate the length of those periods.When your spouse returned to work, what happened to their income?The longer your spouse has been out of work, the more difficult it will be for them to return to the job they were in before they stopped working.It is possible for your spouse to have to acquire additional education before they are ready for the job market.This is true in dynamic fields.If they've taken several months off at a time at previous points in your marriage, and returned to the same or similar work, you may be able to avoid alimony.It's unlikely that you'll be able to avoid paying alimony if your spouse has been out of work for an extended period of time.
Step 10: Consider why your spouse didn't work.
Some reasons are more favorable than others when it comes to awarding alimony.This plays into the assessment of whether your spouse is dependent on you.If your wife took a hiatus from work when she was pregnant with your child, and the two of you agreed that she would stay at home until the child started kindergarten, you probably will have to pay alimony.She would not have been able to support herself and the child without your income, so her decision not to work is considered a joint decision.If your spouse decided to quit work to pursue their own interests, a judge may lean towards not requiring you to pay spousal support or only temporary support until you can find a job again.
Step 11: Determine your spouse's income potential.
Regardless of what your spouse made and how they contributed to the finances while you were married, the more important question is what they are capable of making nowYour spouse's education affects their income potential now.After a short period of time, if they have an advanced degree, they should be able to support themselves.If you show that your spouse has the ability to meet their financial needs on their own, you can avoid alimony.
Step 12: Why is your spouse unable to meet that potential?
The reasons for your spouse's unemployment can be considered by the court.The court is less likely to award alimony if the reasons are not related to you.If your spouse was underemployed during the marriage, this is important.For example, if your spouse wanted to paint, he could pursue a part-time job.If your spouse was capable of making as much as you did during the marriage, and there's no reason he couldn't work full time now, you could potentially avoid alimony.