When applied correctly, alimony is fair. When applied incorrectly, it can be a huge burden on the person who’s paying it. However, even if you believe that your alimony is much higher than it should be, you can’t simply stop paying it without the potential for serious consequences. Read on to learn more about the legal ways you can work to reduce the amount of alimony you pay, then reach out to Kendall Gkikas & Mitchell at 909-482-1422 to set up a consultation.
Avoiding alimony during settlement negotiations
In some cases, a person is stuck paying high amounts of alimony while the final divorce decree is being negotiated. The best way out of this is to work with a California divorce attorney who can negotiate wisely. When you work with Kendall Gkikas & Mitchell, you can count on us to take everything into consideration when negotiating for you. For example, if you’re taking on all the household debt, that should be considered when your alimony is decided. We will ensure that it is.
Ensuring that spousal support isn’t indefinite
Another factor we’ll be sure to stay diligent on is how long you’ll owe alimony. If you weren’t married for long then there should be a termination date for alimony written right into your divorce agreement. Generally speaking, it will be about half the time that you were married. If there isn’t a specific end date, then you may end up paying much longer.
Lowering alimony for self-employed people with fluctuating income
If you’re self-employed then you know that your income can’t be counted on in any given month. If the courts simply take what you earned last year and assume that if they split it by 12 that will be your monthly income, this won’t necessarily be correct. In that situation, a forensic accountant is the best person who look at your income and decide what would be a fair amount of alimony.
It will be based on your income history as well as a number of other factors, including the industry you work in, the economy as a whole, and other issues. To please a spouse who may not agree with the forensic accountant’s numbers, we can work out an agreement that if you earn significantly more than predicted, they receive a bonus or other type of distribution.
Alimony should be in line with marital standard of living
If you’re working with an attorney like Kendall Gkikas & Mitchell who has years of experience, then the alimony you pay should be based on the martial standard of living. We sometimes see agreements based on income only, but martial standard of living is the better litmus. It’s also true that if you were to achieve a raise or promotion post-divorce, or even post-separation, that new, higher salary shouldn’t be taken into consideration because your spouse was not accustomed to living with it.
The bottom line is that the best way to avoid paying excessive alimony in California is to have the right attorney on your side from the beginning. At Kendall Gkikas & Mitchell, we are here to protect your rights and to work toward a fair solution. Reach out to us at 909-482-1422 today to set up a consultation.
