Many married couples who are splitting up try to have an uncontested divorce if possible. This process lets you and your spouse decide most aspects of the split for a quicker and less contentious process.
Even in these cases, however, spousal support can be part of the agreement. In fact, it may be necessary, according to the law.
When you might need to include spousal support
Spousal support (or alimony) helps one former marriage mate maintain a similar standard of living after the divorce. This arrangement is especially important if there is a considerable difference in income between the spouses or if one person has not been working.
If both people agree, they can include this in their divorce agreement voluntarily. In any case, the court must approve your settlement. The judge is likely to review financial affidavits to determine the agreement’s fairness. If the deal does not seem to be equitable, the judge may modify the agreement.
Therefore, it’s a good idea to take a careful and objective view of the matter to prevent any complications. Mistakes or a division that seems unbalanced could prolong what should be a relatively straightforward process.
How to handle spousal support in your agreement
Both of you should talk about and agree on the amount of support and its duration. The amount and length of spousal support usually depend on how long the marriage lasted, the needs of the spouse receiving support, and what the paying spouse can afford.
When drafting the uncontested divorce agreement, clearly state any spousal support terms that consider these factors. This way, there are no surprises, and everyone knows what to expect financially after the divorce.
Clearly, spousal support can still be part of an uncontested divorce. By discussing and including it in your agreement, you can make sure the divorce process is smoother and prevent future disagreements.
