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4. If you're the spouse who's going to pay, avoid a deal that requires you to reveal your income every year. It's pretty common for a deal to include an increase if the paying spouse's income goes up, but if that's you, do you really want to have to reveal your income to your ex every year? You're better off using a set increase, such as a percentage of the current amount of support or an increase equal to the annual increase in the cost of living where you live. (The downside of this approach, of course, is that if your income does not go up, you'll still have to pay the increase.) |
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5. If you're the spouse who is to receive the support, ask that you not be held responsible for paying taxes on it. If you're paying the support, say that you want the tax deduction. (Maybe you can compromise on this point by agreeing that each of you will take one of the children as dependents.) Remember the general rule: Spousal support is usually taxed to the person who receives it unless you agree otherwise. |
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6. Make sure that the duration of the support depends on a fixed event if you're the spouse making the payments. Payments until my wife graduates from college is not such a good idea because she may never do that. Payment for five years is much better. |
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7. Make sure that you can afford to pay or accept what you're about to agree to. However guilty, angry, or in love with someone else you might be, do not agree to something you cannot afford. |
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8. Consider using a lawyer to negotiate support. Even if you and your spouse have worked out everything, this area is usually so fraught with emotion that it is not a bad idea to let someone else handle it. |
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