5 Tips for Negotiating Alimony Payments

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Posted: 20th November 2023 by
Lawyer Monthly
Last updated 12th July 2024
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In numerous divorce proceedings, the subject of alimony plays a pivotal role.

Alimony is essentially designed to permit one partner to uphold their lifestyle both during and after the divorce. For anyone involved, be it someone pursuing alimony or another defending against unreasonable demands, the issue of alimony can be challenging. It's always recommended for those undergoing a divorce to engage a family attorney, who can also broker a just alimony agreement. However, it's crucial to consider the following tips when seeking to safeguard your future.

Plan Your Negotiation Strategy

You should approach spousal support negotiations with a well-thought-out strategy. Consider what you can offer in exchange instead of simply requesting more money or time. Furthermore, it's beneficial to anticipate all possible scenarios and potential results before initiating a negotiation. 

Navigating through spousal support discussions can be complex, but having clear expectations can ease the process significantly. Also, a spousal support calculator service can help you negotiate an ideal plan and accurately determine how much to receive or pay.

Understand the Assets Your Partner Has

Whether you plan to seek alimony or counter a support request, you must be aware of your spouse’s financial standing. Grasping the details of your spouse's income, expenditures, and individual assets is a significant factor in alimony discussions. It could enable you to demonstrate that your spouse either lacks the need for alimony or possesses the necessary resources to fulfil it. If the division of property in your divorce has already been handled, it may simplify the process of discerning the resources your spouse has at their disposal.

Excel in Communication

Preparing a written settlement stance before the settlement negotiation meeting is often recommended. If feasible, persuade your spouse to swap written settlement stances before starting negotiations. 

Prior written interaction with your spouse is a crucial part of the MESP process for a valid reason: it allows both parties to understand the preliminary positions and encourages them to consider ways to narrow down issues before the formal divorce negotiation session commences. When it's time to start your divorce settlement negotiation, take a moment to breathe deeply and focus on listening. 

Being a good listener is key to effective communication. It provides insights into not only what the other party wants but also hints at their worries and concerns. Only after patiently listening should you begin to develop and present your stance.

Consider Your Taxes

Generally, the spouse making alimony payments can claim them as tax deductions, while the spouse receiving them must consider their taxable income. If you're the one making the payments, note that the IRS may closely inspect alimony transactions to confirm they are truly for spousal support. This is particularly true in the initial post-divorce years when there might be attempts to classify non-alimony divorce expenses as spousal support. Do not link the end of spousal support to any child-related factors during your spousal support agreement discussions.

Be Open to Making Compromises

Understand that in divorce discussions, it's unlikely that either party will secure all their demands. This concept seems straightforward, yet if both parties could concede that one side should receive everything they desire, there wouldn't be any discord or need for negotiation. 

Agreeing to compromise doesn't imply that you should simply acquiesce to your spouse's demands to settle. Prioritizing your most significant concerns before entering divorce negotiations can be beneficial. You can use your lower-priority wants as the foundation for your compromise agreement.

Endnote

If you're considering initiating a divorce or are already in the midst of one, and whether you're discussing it through your lawyers or directly with your partner, it's vital to prepare adequately and utilize your influence judiciously.

Ultimately, a fair divorce agreement that you and your former spouse arrive at independently is often the most beneficial for all parties involved. However, if you both choose to engage attorneys, ensure it yields the best possible outcome for both sides.

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