Negotiating Spousal Support: Strategies for a Fair Outcome

In a California divorce, there are a lot of elements to sort out. One of them is alimony, or spousal support. Spousal support is often a contentious issue, and for good reason. When a person divorces their spouse, they want to be done supporting them. Why should they have to continue providing them with financial support?

Spousal support is available in all 50 states, but each state has different types of support and requirements. In California, a judge must consider factors like the length of the marriage, each spouse's income and earning capacity, age and health, standard of living during the marriage, and contributions to education or careers before alimony can be awarded. Essentially, the court looks to see if either spouse has a significant need for support and if the other spouse can afford it.

Alimony allows one partner to uphold their lifestyle both during and after the divorce. For anyone involved, the issue of alimony can be challenging. Because of this, it is recommended that those going through a divorce have a family attorney on their side. An experienced lawyer can help you negotiate the terms of spousal support so the outcome is fair on both sides. Here are some strategies for negotiating alimony. 

Plan Your Negotiation Strategy

Whether you are looking to receive alimony or reduce the amount you pay, you should have a strategy in mind. Can you pay less alimony and offer something else in return? If you are the one requesting spousal support, are there other sources of income to consider? Can you return to work?

It is good to have clear expectations ahead of time. Before you begin negotiations, anticipate all possible scenarios and think about the possible outcomes. You may also wish to use a calculator service that can help you determine how much you should be paying or receiving in spousal support. This can help negotiate an ideal plan and accurately determine a fair amount.

Understand Your Partner’s Assets 

Whether you plan to seek alimony or counter your spouse’s request, you must be aware of the other spouse’s financial standing. Understanding the details of your spouse's income, expenses, and individual assets is an important factor in alimony discussions. It will help you determine whether or not your spouse actually needs alimony, if your spouse has the money to pay you, or if you are the one requesting it.

Consider Your Taxes

It is important for those going through a divorce in California to understand the tax implications of alimony payments. Spousal support is treated as income for the recipient. In California, alimony payments are subject to both state and federal income taxes. While federal tax laws have undergone significant changes in recent years, California follows its own tax regulations when it comes to alimony. For the one making the payments, alimony is tax deductible. Keep in mind that the IRS may closely inspect alimony transactions to confirm they are truly for spousal support, so keep good records. Knowing about tax laws can help you make informed decisions.

Be Realistic

In a divorce, there are two parties involved, so you can’t always get what you want. You may want thousands of dollars a month in alimony, but the question is: can your spouse afford it? Your spouse needs to be able to pay their bills and basic needs. Your alimony amount will depend on their income and how much money they have left over. If they are making $5,000 a month, for example, do not expect to get $3,000. You will need to be realistic about the situation; it is not just about what you want. Things need to be fair.

Be Willing to Compromise

When it comes to divorce discussions, it’s very unlikely that you will get everything you want. California is a community property state, so expect things to be evenly split when it comes to asset division and other elements. This means you will need to compromise. This does not mean simply giving in to your spouse’s demands, though. You should think about your concerns, consider what your spouse wants, and try to meet in the middle, if possible. Mediation can be a great tool for helping you and your spouse communicate on spousal support and other issues in a divorce without having to go to court. 

Other Tips

Negotiating alimony with your spouse will not be easy. You may be angry. You may have a grudge against your spouse and wish to seek revenge. However, you need to keep a cool head, especially if there are children involved. Be calm when negotiating alimony with your spouse. Avoid yelling and name-calling. It will only make matters worse.

Also, make it a point to listen. You may not want to hear what your spouse has to say, but when it comes to negotiations, you really need to listen. Active listening is very important because you want to be heard, and so does your spouse. Therefore, make sure you listen to your spouse’s ideas and concerns.

Another point to consider is to avoid blaming. You do not want to create more problems. What is done is done. Focus on what you are trying to achieve, which is negotiating a settlement on alimony. Bringing up the past and being revengeful about the divorce is not going to help. Instead, be positive and amicable.

Contact Us Today

Nobody likes to pay spousal support, but people do like to receive it. While the court may order it in your situation, there are ways to negotiate it so that it’s fair to both parties involved.

Ashley A. Andrews, APC, is an experienced attorney who can help determine what type and amount of spousal support should be considered. We can also represent you during mediation or court proceedings to ensure you receive a fair settlement. Schedule a consultation today by calling our office at (626) 346-0114 or filling out the online form.

This material is provided for educational purposes only. Providing this information does not establish an attorney/client relationship. None of the information contained in this post should be acted upon without first consulting with an experienced family law mediator and attorney. Should you have questions about the content of this post, please arrange to discuss via a consultation.