Alimony in Divorce: What You Need to Know

Questioner

How can I prevent my partner, to whom I have been married for 1 1/2 years, from having to pay me alimony if we divorce? Due to illness, I am unable to earn an income and am dependent on the WIA and possibly social assistance in the future. What I want to avoid is that she remains financially responsible when we are no longer together, I also do not want to put pressure on her with my expenses while we are together and this would be a reason to break up. We are considering getting a divorce because of this. Is this useful and can we avoid/limit the alimony obligation in this way? Taking the above into account, can we continue to live together at the same address or do we have to live separately? Please help, because this is putting a lot of pressure on our relationship, partly because I am so ill that my partner does not know whether she can keep this up until the end.

Lawyer

In principle, an ex-spouse cannot avoid the obligation to pay alimony. After a divorce, it depends on both partners whether or not alimony is paid. There is a legal obligation to do so, but you can deviate from this together - of course in writing and signed by both parties. This agreement cannot be changed later. A problem is that a benefit agency (for example in the case of a WWB benefit) can still take action despite these types of agreements if one of the ex-partners has to apply for a benefit. You cannot rule this out.

Questioner

Would the damage caused by getting a divorce and just continuing to live together be limited to 1 1/2 years of alimony for my wife?