A Case Study
The pre-trial conference has concluded, and a trial date has been scheduled in six weeks. The expense of drafting trial briefs, pre-marking exhibits and preparing witnesses appears unavoidable. Mediation has been unsuccessful in accomplishing your client's primary goal: a buyout of spousal support, in whole or in part, in order to avoid the inevitable motion practice when she attains the full retirement age of 67. As you have advised your client, the judge at trial does not have the authority to order lump sum spousal support or any hybrid or creative approach to spousal support termination that doesn't comply with the alimony statute.What Are the Benefits and Risks of a Spousal Support Buyout?
Deborah E. Nelson offers a case study to demonstrate the risks and rewards of spousal support buyout.
January 22, 2024 at 09:40 AM
6 minute read
Family Law|
A Case Study
The pre-trial conference has concluded, and a trial date has been scheduled in six weeks. The expense of drafting trial briefs, pre-marking exhibits and preparing witnesses appears unavoidable. Mediation has been unsuccessful in accomplishing your client's primary goal: a buyout of spousal support, in whole or in part, in order to avoid the inevitable motion practice when she attains the full retirement age of 67. As you have advised your client, the judge at trial does not have the authority to order lump sum spousal support or any hybrid or creative approach to spousal support termination that doesn't comply with the alimony statute.
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