Let's face it.
If you have to pay spousal support, it really sucks. I know that there are some positives like the tax savings, but in all fairness, you would much rather keep that money than pay it out.
Either your estranged spouse refuses to work (sometimes on the advice of counsel) or under earns. In either scenario, you end up paying more. There is, however, some good news on the horizon. First, you can ask the Court for a job search order commensurate with her qualifications. Second, you can ask the Court to order a Vocational Examination. Once the report comes in which is evidence of earning capacity and ability and if the report is a really good one, the opportunities available.
In many cases, the Court will issue what is called a Gavron Warning, which is a statement that it is the policy of the State of California that everybody becomes self-supporting within a reasonable period of time and failure to make good faith efforts can be grounds to modify or terminate support. The law is trending favorably in this area. So, even if you are stuck paying a temporary spousal support order, when you go to trial, if you are properly prepared, you will have your report, a record of his/her job search efforts and your vocational examiner to explain why there should be an imputation of income. Setting this up properly will save you countless thousands of dollars in the long run and it is better than the tax deduction for alimony payments.
I have been holding non-industrious spouses accountable since 1993. My office is located in Westlake Village, CA. Contact me at (805) 449-4290 or email at [email protected]