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How to avoid paying alimony?

Updated: Apr 30, 2023

The firm handles family cases, and most of these are divorce proceedings, in which, inevitably, one of the spouses requests alimony or a pension between spouses. In today's blog we will be explaining what are the main actions that you can carry out today, to avoid paying alimony, or at least to reduce the amount of it during your divorce.

The first and most important: if you are sure that the marriage is not going to work, then start the divorce process as soon as possible. One of the factors the court considers when establishing alimony is the length of the marriage, regardless of whether the couple was separated. The longer your marriage, the more likely you will have to pay alimony. Also keep in mind that the length of the marriage will determine the type of alimony you will have to pay for. If your marriage was short, it is highly likely that the court will not force you to pay permanent alimony (unless there are exceptional circumstances).

The second option to exercise to avoid paying alimony is to make a prenuptial agreement. My best advice to those who are getting married is to get a divorce before getting married. If there are provisions in your prenuptial agreement regarding non-payment of alimony, the court will not oblige you to pay it (except in extreme cases). It is also possible to include this clause in the postnuptial agreement.

Another way to avoid paying large sums of alimony is to help your spouse find work, or study during the marriage, so that he/she can find a good position in the future. One of the factors to consider for the imputation of alimony is the need for it. If your spouse works and receives a good salary, the court will be more inclined to reduce the time of the payment of alimony, or even not grant it, since there is no real need for it. One of the factors that the court takes into account when granting alimony is the need of one of the spouses of the same, and the possibility of the other to pay it. If your spouse's salary is higher than yours, she/he will not need your money.

Another strategy you should use is to minimize expenses during the marriage. The goal of alimony is to maintain the lifestyle that the spouse led while married. The higher the lifestyle during the marriage, the higher the amount to be paid for alimony during the divorce.

Finally, and this is an exceptionally good strategy: trade the alimony in exchange for the assets that belongs to the matrimonial community of property. This is one of the strategies that we use the most as lawyers. During the process of equitable division of the assets that make up the marital community of assets, use your spouse's attachment to certain assets to your advantage. If you do not want to keep the matrimonial home, and you do not care if your spouse continues to live in it, then negotiate the alimony in exchange for it. If your spouse wants to keep the collection of paintings, and you have always found them horrendous, you can use this to your advantage to avoid paying alimony, or to reduce the amount. In divorce proceedings there will always be the option to negotiate with the other party, use it.

If you need help with your family case, call us and schedule your first free consultation. In Y. Morejon Attorney, P.A. We work divorce cases, paternity cases, child support, among others. Let us assist you in this complex moment of your life, providing you with personalized legal advice. In Y. Morejon Attorney, P.A. your problem is our problem.

Legal Disclaimer

Any information made available by the lawyer or law firm is for educational purposes only, as well as to give you general information and general understanding of the law, NOT to provide specific advice. This does NOT create a relationship attorney-client between you and Y. Morejon Attorney, P.A. This information should NOT be use as a substitute for competent legal advice from a licensed professional attorney in your state.

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