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Spousal Maintenance Agreement Template
Define fair financial support arrangements with this Spousal Maintenance Agreement Template.
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Spousal Maintenance Agreement Template
This Spousal Maintenance Agreement (“Agreement”) is made and entered into on this ____ day of ______, 20____, by and between:
Payor (Supporting Spouse):
Full Name: __________________________
Address: __________________________
Phone: __________________________
Email: __________________________
Payee (Recipient Spouse):
Full Name: __________________________
Address: __________________________
Phone: __________________________
Email: __________________________
1. Background
The parties were formerly married on [Marriage Date] and have decided to legally separate/divorce under case number [Case Number] in the [Name of Court], [County], [State]. The parties desire to establish clear terms for spousal maintenance (alimony).
2. Maintenance Terms
Payment Amount: $[Amount] per [Month/Week].
Payment Due Date: [Day] of each month.
Method of Payment: [Direct deposit, check, money transfer, etc.].
Commencement Date: [Start Date].
Duration: Payments shall continue until [End Date or Event, e.g., “until Payee remarries or cohabits with another person”].
3. Modification of Payments
Either party may request modification if a substantial and material change in circumstances occurs, including but not limited to:
Loss of employment or income;
Disability or illness;
Retirement;
Change in financial needs or obligations.
Any modification must be in writing and approved by both parties or the court.
4. Termination of Maintenance
This Agreement shall terminate upon the occurrence of any of the following:
Death of either party;
Remarriage of the Payee;
Cohabitation of the Payee with another individual in a relationship akin to marriage;
Mutual written agreement of both parties;
Court order terminating maintenance.
5. Tax Considerations
Both parties acknowledge that under current law, spousal maintenance payments may or may not be deductible by the Payor or taxable to the Payee, depending on applicable state and federal tax laws. Each party agrees to seek independent tax advice.
6. Default
Failure by the Payor to make timely payments shall constitute default. The Payee may pursue legal remedies including wage garnishment, contempt proceedings, or judgment enforcement.
7. Entire Agreement
This document contains the entire understanding between the parties regarding spousal maintenance. Any modifications must be made in writing and signed by both parties.
8. Acknowledgment and Execution
Both parties affirm that they have read, understood, and voluntarily entered into this Agreement, with the opportunity to consult independent legal counsel.
Payor’s Signature: __________________________
Printed Name: __________________________
Date: __________________________
Payee’s Signature: __________________________
Printed Name: __________________________
Date: __________________________
9. Notary Acknowledgment
State of [State]
County of [County]
Subscribed and sworn before me on this _____ day of __________, 20____, by [Name of Payor] and [Name of Payee].
Notary Public Signature: __________________________
Commission Expires: __________________________
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Spousal Maintenance Agreement Template
Spousal Maintenance Agreement FAQ
What is a Spousal Maintenance Agreement?
A Spousal Maintenance Agreement, also known as an alimony agreement, is a written contract between former spouses that details how one party will provide financial support to the other following a separation or divorce. It specifies the payment amount, schedule, and conditions for modification or termination.
Why is a Spousal Maintenance Agreement important?
It establishes clear expectations and prevents disputes regarding financial obligations after divorce. The agreement helps both parties maintain financial stability and ensures that support terms comply with state law and court approval requirements.
When should you use a Spousal Maintenance Agreement?
Use this agreement during or immediately after divorce proceedings when spousal support has been negotiated or ordered by the court. It is especially important if one spouse earns significantly more or if the other needs support to transition to financial independence.
What should a Spousal Maintenance Agreement include?
The agreement should include the parties’ names, the amount and duration of maintenance payments, the method of payment, termination conditions (e.g., remarriage or death), modification procedures, and acknowledgment of court approval if applicable.
Can spousal maintenance be modified later?
Yes, modifications can occur if both parties agree or if a substantial change in financial circumstances arises (such as loss of income, disability, or retirement). The terms must comply with local laws and court rules.
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