Modifiable v Non-Modifiable Spousal Support

Thebadmamajama · 2023-07-31T00:05:54+00:00

I think you need a legal opinion on what the pros/cons are of doing it one way or another.

In any case you should think about affordability in the long term. If it's finite (ends some years from now), it could be beneficial to not have to go to court all the time. However, as you say, if you're unable to work at some point, you need to know what your options might be.

Fwooply · 2023-07-31T02:54:51+00:00

Take this with a grain of salt. Just passing on what I was told. And like always, this stuff varies by state.

My lawyer painted a dismal picture. If I got fired, I'd have to "pay first, adjust later." I would need N months of savings to cover alimony until I could schedule a court hearing N months from then to adjust alimony.

My lawyer also told me that early retirement may not be an option. So my retirement age, be it in my 50's, 62, 65, or 67 might not be my decision. This is mind boggling to me by the way.

And then I talked to my dentist. He told me none of that is true. He said that everything is negotiable. In CA, a 10+ year marriage is commonly believed to earn lifetime alimony. Nope. Not so according to him. He capped his at 10 years. She got half the practice.

Ten years of payments is about half a million at $3500. It seems really worthwhile to ask a a lawyer (maybe more than one).

upvotersfortruth · 2023-07-31T03:45:02+00:00

NONMODIFIABLE, TERMINABLE and LIMITED DURATION - or better yet LUMP SUM BUYOUT

Ok_Transition_4914 · 2023-07-31T00:18:18+00:00

Based on my own experience and lawyers advice, modifiable can be a dangerous way to go. If you can lower spousal support when she makes more money, she can potentially increase spousal support if you make more money.

cdjohnny · 2023-07-31T00:01:24+00:00

I didn't know you could make it non-modifiable in Texas but cover with your lawyer. Also, get their opinion on support v maintenance. I believe maintenance (ordered by the court) is always modifiable.

Gattsama · 2023-07-31T05:52:59+00:00

The big question is how long will support be and are there any kids. You only go to jail for missed child support, not spousal support. In my case I owe $7500/mo x42mo. I wanted non-modifiable because I didn't want her to come back at month 40 and try to modify, extend, amend, etc the order. And I know I can generate what I'm ordered to pay. Also I took a HUGE hit in the divorce and court ordered payments. BUT now that I'm free, in 2024 I am going to start to heavily invest; and in 2025 maybe really change up my work schedule.

I don't want her saying 'look he can afford to pay more' or worst 'I'm in school and about to finish, but need another 6-12mo of support to make that happen' (in WA state education is a huge get of of jail free card to extend support; major in some BS and just keep slowly protracting things).

Maybe she wouldn't do this. But why even have the option floating out there. Again I only was ordered for 42mos. I initially wanted to just do a lump sum buy out (from the equity of the home sale). BUT she really wanted spousal support (someone told her 3yrs+ of support counts as income when applying for a home mortgage).

In the end for me it came down to predictability. I do not want any part of my future life under her control or whim. I have the option to pay her off early and right now plan to in the Fall of 2024 (will see...)

Title	Modifiable v Non-Modifiable Spousal Support
Author	ohb2k2
Upvotes	3
Comments	12
Date	July 30, 2023 11:10 PM UTC (3 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/15dzilz/modifiable_v_nonmodifiable_spousal_support/
Archive Link	https://theredarchive.com/r/Divorce_Men/modifiable-v-non-modifiable-spousal-support.1226859 https://theredarchive.com/post/1226859

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