Alimony, also known as spousal maintenance, provides financial support from one former spouse to another, based on the monetary needs of the receiving party, according to Divorceinfo. Alimony or spousal maintenance is established by order of the court or mutual agreements of parties to a divorce. If parties mutually negotiate a settlement regarding spousal maintenance, the terms are incorporated into an alimony agreement.
Function
The function of an alimony agreement is to establish in a comprehensive manner the full extent of the agreement regarding alimony of parties in a divorce or legal separation proceeding. As is the case with any other contract, an alimony agreement is in full force when signed by both parties.
Court Order
An alimony agreement eventually becomes a part of a final court order in a divorce or legal separation proceeding, according to the American Bar Association Section of Family Law. For example, when a judge in a divorce proceeding issues a final divorce decree, the alimony agreement is incorporated fully into that court order. Therefore, the alimony agreement possesses the full effect of a court order.
Prenuptial Agreement
While married, some people enter into a prenuptial agreement precluding an award of alimony in the event of a divorce. Provided the prenuptial agreement and the terms pertaining alimony were legally entered into by the couple, a judge cannot order alimony. Nonetheless, the parties can voluntarily enter into an alimony agreement that sets aside the prior agreement regarding spousal maintenance contained in a prenuptial agreement.
Expert Assistance
Drafting a legally enforceable alimony agreement represents a complex legal task. If you and your spouse reached a verbal agreement regarding alimony, consider retaining the services of an experienced lawyer to aid you in drafting an appropriate written agreement. Local and state bar associations maintain directors of attorneys that practice in different areas of the law, including lawyers versed in alimony-related issues. Contact information for these organizations is available to you through the American Bar Association:
American Bar Association
321 N. Clark St.
Chicago, IL 60654-7598
312-988-5000
abanet.org
Misconceptions
One common misconception involves the belief that alimony is ordered in nearly all divorce or legal separation cases. In fact, no presumption exists that alimony will be awarded in a divorce or legal separation proceeding. Despite the fact that a court is unlikely to order alimony, the parties to these types of cases can voluntarily enter into a alimony agreement.
