Avoid Common Pitfalls of Alimony Clauses
Thousands of divorce litigants have been tricked into agreeing to alimony that is contingent upon three clauses most commonly used to terminate a payor spouse's obligation to pay. Those three contingencies are normally that alimony terminates in the event of death, event of remarriage or in the event of cohabitation with a non-related romantic interest.
Courts have developed other contingencies to terminate alimony, but these three are the most common. Contingency number one, your death, is the one contingency not worth fighting over. You can't take alimony with you and God doesn't take cash!
Nothing is written in stone, and you do not have to agree to these contingencies. When you agree to a property settlement including alimony, the court will usually accept that agreement and make it part of the divorce, so long as it contains some degree of fairness. Smart spouses insist on all three of these contingencies, but savvy opponents will agree to none. At best, be prepared to compromise.
Think about this: after your divorce is settled, you may want new companionship. Moreover, you need to guard yourself from the tax man by getting the advice of skilled professionals when you decide to choose alimony or property division. Placing contingencies on your ability to receive your fair division of the marital estate creates benefits to one spouse that may prove disastrous to you later on. The bottom-line is this: When seeking alimony in a property settlement agreement, contractually agree with your spouse to minimize the contingent events that may terminate your right to alimony.
