4 Mistakes A Divorce Lawyer Will Prevent You From Making When You're Discussing Spousal Support

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Divorce proceedings can be tricky to navigate. And when it comes to the issue of spousal support, emotions may run high and complicate matters even further. You may also need to consider several things before deciding what's best for your circumstances. That's why it's vital to seek advice from a professional divorce lawyer before making any decision. In this article, you'll learn four mistakes that a divorce lawyer will help you avoid when discussing spousal support.

Failing to Understand the Differences Between Temporary and Permanent Support

Alimony is intended to be conducted on a temporary basis, though sometimes it can become permanent, especially if the divorcing couple is elderly or if there are special circumstances. It's essential to understand the differences between these two types of support to avoid making any missteps. A divorce lawyer can explain the difference between these two types of support and make sure you understand them. This will help you to make more informed decisions during negotiations.

Agreeing To Support That Is Too High or Low

Agreements regarding spousal support should be fair and justifiable in court. Otherwise, it may be challenged as being too high or low. Divorce lawyers know how to determine if spousal support is reasonable. During negotiations, they'll ensure that the alimony fits within the law's criteria and is fair to both parties. If it's too high or low, they'll suggest a more suitable amount.

Failing To Consider Tax Implications

When determining spousal support, you should understand how tax implications can impact the outcome. For example, spousal support payments received are taxable income to the recipient, while payments made are tax deductible for the payor. This means that, depending on the situation and the taxable incomes of both parties, one party may end up with a larger tax burden than the other, leading to an imbalance in the overall financial package. Divorce lawyers are well-versed in tax law and can help you consider the financial implications of different agreements. They'll also tell you the amount of money that will be taken out for taxes.

Making Agreements That Are Hard To Enforce

The terms of a spousal support agreement may be difficult to enforce if they are not correctly created. You may agree to a certain amount of support and think it's binding, only to find out later that the court won't enforce it. Fortunately, an experienced divorce lawyer can ensure that your agreement is ironclad. They'll work with you to create a legally binding document and ensure that any agreements made can be legally enforced in court.

Dealing with spousal support issues can be emotional. However, if you have a lawyer on your side, you'll avoid these common mistakes. A divorce lawyer will also ensure that your best interests are taken into account and all the aspects of your legal agreement are fair and justifiable under the law. 

For more information, contact a local divorce attorney

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29 November 2022

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