Alimony


#1

In my separation agreement I agreed to pay a certain amount of alimony at the time I thought I could financially handle this. Since then I have determined that I cannot. I will soon have to file bankruptcy due to having to pay more in alimony payments than I can afford. I am eligible to file for divorce in 4 months. What can be done about this prior to the divorce filing? What can be done at the divorce hearing? What can be done after the hearing? What are all my options? Thanks.


#2

Does your SA have a non-incorporation clause? If so, you will have to somehow convince your STBX to accept less money. If not, you would need to get the alimony clauses in your SA incorporated into the final decree.


#3

Separation agreements are not modifiable and the timing of the divorce does not change that. Unless your spouse agrees to an amended separation agreement you are bound to the amount in the contract. If you do not pay and your spouse sues you for breach of contract, you may have a successful defense based on “impossibility to perform”.