Many spouses understand that they have the option to give up alimony during mediation or collaborative law in Georgia. Both spouses may agree to forgo spousal support, which can be tedious during post-divorce life. However, it does not make sense to simply relinquish your right to receive alimony and get nothing in return. What can you offer your spouse to convince them to give up alimony? What should you demand? These are questions you might want to ask a Georgia divorce lawyer.
Spouses Have the Right to Waive Alimony in Georgia
In Georgia, spouses have the option to forgo or “waive” alimony. Both spouses must agree to this decision, and they can formalize it with a private agreement. Unless the contract is unfair or “unconscionable,” the court should uphold it.
Generally speaking, these private agreements occur during uncontested divorces. Alternative dispute resolution or “ADR” provides an environment in which spouses can formulate creative, flexible deals. During mediation, collaborative law, or arbitration, spouses might agree not to pursue alimony.
Think about what your spouse wants and attempt to use this as leverage during negotiations. If you want to avoid paying alimony, consider offering your spouse what they want most in exchange. This might be a more favorable child custody agreement, certain sentimental items, or anything else that they see as valuable.
Offer Assets in Exchange for Alimony
The most obvious course of action is to offer assets in exchange for alimony. When you offer a certain amount of cash to prevent future spousal support, this is called “lump-sum alimony.” If you want to avoid future payments and move on with your life, this could be a solid option. However, you would still be paying the same net amount of alimony compared to periodic alimony.
Offer Tax Benefits in Exchange for Alimony
You might also want to offer certain tax benefits in exchange for alimony. One option might be to let your ex claim your child as a dependent on their tax return. This would provide about $3,000 in child tax credits each year, plus various other benefits.
Vehicles
Consider offering a vehicle in exchange for waiving alimony. For the most part, vehicles depreciate in value considerably after purchase. It makes more sense to offer your spouse a depreciating asset instead of something that might increase in value – such as a stock investment. Vehicles also have excellent utility, and your ex might actually need a car for work and other tasks.
Can a Divorce Lawyer in Georgia Help?
A divorce lawyer in Georgia may be able to help you address various concerns with alimony. If you want to avoid alimony, you could potentially offer your spouse something that convinces them to give up support. A lawyer can represent you during private negotiations and guide you toward a positive outcome. Contact Lankford & Moore Law today to learn more about your options.
