If the circumstances of your marriage and divorce fall within specific parameters, you may be unable to escape paying alimony to your ex-spouse. However, there are a few things that could help you to get out of alimony payment. These factors include the following:
Earning less than your spouse
The alimony award is normally calculated based on two significant factors: the earnings of the asking and the income of the paying spouse. Thus, you may escape the payment of alimony if you earn less or about the same amount as your spouse.
1. If you got married for a short period of time
If your marriage has lasted for two decades and you were the bread winner of the family, you are most likely going to pay for spousal support but if you were married for only a short period time, it’s unlikely that the judge would require you to help support your ex. If you are married for short period, judges often try to restore spouses to their financial situation before the marriage. A few states award alimony for merely a short period of time to help the receiving spouse time to obtain job skills or an education to be able to support himself or herself when the other spouse’s earnings is considerably more.
2. Request for a vocational evaluation
You may be able to get out of paying alimony or minimizing the amount you pay if you prove to the court that your spouse does not have any need of it. If for example the asking spouse has educational qualification that could earn him or her better paying job but he or she intentionally prefers to work part-time in a minimum wage job by asking the court to carry out a vocational evaluation.
3. Ask for modification of termination of alimony payment
In divorce law and alimony payment, the decree of permanent payment of alimony does not mean that it can never be reviewed or terminated. It only means there is no specific date for the termination of alimony payment. If your ex-spouse re-marries or start to cohabitate with another partner in some states, you may be able to get the court to cancel out the payment of alimony.
Again, you may be able to get the court to reduce the amount you pay in alimony if your income drops.
4. Pre-planning with a prenuptial agreement
If you are in the process of getting married and fear having to pay spousal support in the event of the marriage not lasting. You may be able to circumvent the payment of alimony by getting a prenuptial agreement. People normally ask for a prenuptial agreement when they earn or have more money than their future spouse for the fact that the standard of living and the amount each spouse earns is the determinant of whether a spouse gets alimony payment or not.
5. Quit any unhappy marriage relationship early enough
The alimony amount as well depends on how long you were married. Short-term marriages are frequently not granted alimony payment. If you are not happy in your marriage and the resolution is not coming soon, the earlier you separate and seek for divorce the better to circumvent the payment of alimony.
6. Pay property taxes
If during the divorce settlement you obtain property that you have to pay taxes on, it may determine the amount of money you’d be required to pay on spousal support. Thus, you may want to acquire any property that your spouse is willing to give up if it means that you will end up paying fewer taxes than overall alimony payment.