Why You May Not Want A Spousal Support Order
Spousal support is taxable to the recipient and a tax deduction to the payor. If you are getting informal support you usually do not have to pay taxes. Calculate the tax you would be paying under a spousal support order and see if you are getting more without the tax. On the flip side, if you are paying spousal support consider how much you would save if it was deducted.
You should also consider the impact on your spouse if they were to receive less. If you are wanting to settle on some other issues, they may not be as willing to negotiate.
How Do I Modify Spousal Support?
In order to change your spousal support, whether you’re the recipient or payor there must be a material change of circumstance. Quitting your job usually does not qualify, but there are some circumstances where it will. Here are some situations that will help to get spousal support reduced.
- Losing your job due to no fault of your own
- Retirement at the right age will almost always qualify
- There are also some changes to the recipient’s financial circumstances that may qualify
How Do I Get Temporary Spousal Support?
If your spouse is already paying for certain expenses or is depositing money into a joint account, you may not want a spousal support order because of the tax consequences.
But, if you need support, you should try to get an agreement for temporary spousal support, while you are waiting for your divorce to finalize.
If you cannot get an agreement, you will have to file a Request for Order to get a temporary spousal support order. I can help you with that.
Talk To An Experienced Attorney Today
Send me an email or call my law firm, Song Family Law, APLC, in Orange and Mission Viejo at 888-999-0259 to schedule a free 30-minute phone consultation. I can answer your questions and give you legal advice for approaching your spousal support situation as well as any other divorce-related matter.