Question:

Is it better to enter a divorce with debt in order to avoid having to pay alimony?

I am the sole income earner in my household, but I am not interested in paying spousal support.

So if I want to avoid paying alimony is it better to have debt showing that I am financially-strapped?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Indiana divorce and alimony laws where I am licensed to practice.

In my state, we have spousal maintenance, which can be temporary for a period up to 36 months to allow a spouse to get training and get back in the work force.

The court may order payment of debts and expenses, including the opposing party's divorce attorney's fees as a form of spousal maintenance. Alimony is awarded based upon the income of each party, the property existing in the marital estate, and the potential earning ability of each spouse.

In addition to awarding maintenance as one option, the court may also consider an unequal division of property to account for the difference in earning ability of the spouses. In a divorce, records are often requested for a period of a year or more before the divorce was filed.

As a result, if there has been a change in spending patterns or removal of property, it is possible that the other party could make arguments that those actions were done in contemplation of divorce and that debt or property could be set aside to the spouse accused of incurring the debt or moving the property and the other spouse could get a greater share of the remaining property.

You would be ill advised to attempt to conceal property, incur additional debt to avoid alimony, or take any other actions which could be viewed as attempting to deceive the court.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Noblesville, Indiana Divorce Lawyer Sara Pitcher, contact Cordell & Cordell.