Spousal support can cause severe financial support. Being single and having to bear the cost of months alone already becomes a significant burden. Hence some people look for clever plans on how to not pay spousal support.
Also, people do something sneaky to avoid the strains that spousal support causes on their finance. This may be tempting. However, you need to handle this issue with care and ethics. So you can sidestep any legal consequences.
Divorce might be a traumatic time both emotionally and physically. But, it is also important not to lose sight of the overall picture. You need to protect yourself and your future. It means fixing your finance – fast.
So you can legally avoid paying loads of money to your ex every month. Before you know the strategies to avoid paying spousal support, let’s learn about some common mistakes people make.
Financial Mistakes Divorcing Spouses Make
Below are some financial mistakes divorcing spouses make while negotiating the divorce settlement.
Being in the Dark about Finances
The most common and biggest mistake divorcing spouses make is becoming a financial victims. During the marriage, you don’t keep information about how your spouse handles the financial decisions.
Also, how your and your spouse’s assets and income were handled? Your spouse can take unfair advantage of it while settling down financial issues. If you doubt that your spouse is planning a divorce, get as much information as possible now.
Involving mediation in your divorce process can cost you thousands of dollars of legal fees. Then, there is emotional aggravation. A neutral third party is involved in the mediation process. The mediator helps to divorce couple reaches an agreement.
The mediation process is absolutely voluntary. It will not bring you any particular outcome. So if you both can work together to reach a fair settlement, then don’t involve a mediator.
Hiring an Aggressive Lawyer to Punish Your Spouse
It’s a terrible practice for two reasons. First, most courts will not punish your spouse financially for being a bad person, except in the most heinous case. Secondly, a lawyer will need to spend more hours finding gaps to punish your spouse.
Evaluating the Inaccurate Budget
Sometimes, divorcing spouses don’t include living expenses while evaluating the initial budget for temporary alimony. Later, they find that they cannot bear all the expenses. Taking help from a financial professional would be the best choice.
There are more mistakes divorcing spouses make, such as;
- Ignoring the impact of taxes on the divorce settlement
- Not being able to evaluate the settlement proposal
- Being emotionally attached to wealth in the discussion of divorce
- Using divorce lawyer over and over again
- Ignoring the long-term effects of inflation
- Forgetting to update estate documents
Strategies on How to Not Pay Spousal Support
Now come to the point. Below are some strategies on how to not pay spousal support in Canada. Follow them to avoid paying spousal support and keep more of the money you earn.
1. Avoid Paying Spousal Support Initially
The best way to avoid spousal support is to avoid having to do it in the first place. Couples who wish to get married choose to defend themselves by drafting a prenuptial agreement before the marriage becomes legal.
Prenuptial agreement has full disclosure of each person’s income. It has assets that each spouse brings together. In this way, the document determines who owns any marital property.
A seasoned attorney should prepare this document. Then, it should be approved by the judge before the marriage. If you cannot do this before marriage, you can create a similar document after the wedding.
The document will be called a postnuptial agreement then. It is completed after the marriage is over. If the divorce is predetermined, these two documents will be useless. You can still think of ways to keep your spouse satisfied.
Also, while negotiating, offer them a larger portion of marital assets or retirement account or maybe a marital home. Thus, you can save yourself from paying spousal support.
2. Prove that Your Spouse Was Unfaithful or Adulterous
In different states, the laws on paying spousal support are different. Despite the variation in the law, no law allows an unfaithful spouse to fight for spousal support. You need to prove that your spouse was unfaithful during the marriage.
In addition to your words, you need to show the proof. The proof may be some photographs or videos, or witness statements. Show it to the judge of your spouse. So you should gather any incriminating evidence that you can present to the court.
Proof that your spouse was having an extramarital affair. The judge will decide whether or not to count the evidence. Also, he will decide how it will affect the spousal support payment.
3. End the Marriage as Soon as Possible
Usually, the state decides the amount of money a spouse has to pay. In this case, the state considers the overall length of the marriage. The longer the marriage is, the higher the alimony you’ll have to pay.
If you suspect that your marriage is not lasting, consider ending it as soon as possible. Extending the marriage will cost you more emotional pain and longer-lasting spousal support payment. So, consider this option not to pay spousal support.
4. Change the Way You Live Your Life
After the divorce, many things have already changed in your life. Usually, the higher-earning spouse doesn’t get spousal support. If you earn more than your spouse, you’ll be responsible for paying spousal support.
So it’s time to think about how much you need every month to cover your expenses. Get a lower-paying job; maybe it would help.
Also, live lean with low income. Carefully plan your expenses within budget. Discuss with financial experts how to not pay spousal support.
5. Evaluate Your Spouse’s Ability to Work by a Judge
A spouse may like to remain a stay-at-home parent or a homemaker after the divorce. No matter what, it may cause financial hardship or may not be 100% necessary.
If your spouse can work, you can ask a judge for a vocational evaluation. This assessment provides insight into what your spouse can actually do to earn a living.
If your spouse doesn’t get a job at that time, you still need to provide alimony temporarily. It is still a better option than to pay on a long-term basis or forever.
So, these are a few good ways how to not pay spousal support. They are all ethical and, most importantly, legal. In such a terrible situation, these are the best approach to take. Also, they are easier to follow and also legal by the court.
You can use any risk-free strategy instead of the uncertain one. Don’t take any tentative steps to keep money away from your ex-spouse. All in all, be smart and think about everything thoroughly.