I paid alimony without a signed agreement


#1

I have paid my stbx $9000 in what was supposed to be spousal support, under good faith that he would sign the agreement we created during mediation. Six months later it is not yet signed and i know that the monies i have paid so far do not count.

Here is my question though: our ED is still outstanding as well, but I wonder if i could make a claim that the $9000 paid should go toward the ED part of our settlement? The unsigned agreement currently states that I owe him $25k in a QDRO from my 401k so if we were to move forward in signing the agreement, would it work say that the $25k should be reduced by the $9k?

Thanks.


#2

You may negotiate for whatever provisions you like. I believe treating the $9,000.00 as a distribution is the correct position to take.