How to Write a Spousal Support Agreement Letter (with Sample)
Use this sample spousal support agreement letter as a template for your formal agreement letter.
Last updated on December 2, 2023
When spouses decide to part ways, they must confront issues such as how to divide property and debts. For many spouses, maintaining at least the same standard of living is also a concern. A spousal support agreement can help resolve these issues without accumulating significant expenses in court only to face an uncertain outcome.
Parties might choose to provide for spousal support in a prenuptial, or premarital, contract. However, the couple's financial condition is more likely to change between entering such an agreement and separation. In a separation agreement, the parties are more likely to negotiate based on known facts and conditions.
Monthly Cash Payment
Spousal support doesn’t always come via a monthly cash payment. For couples with a marital home, a spouse might assume responsibility for the mortgage and let the supported spouse live there. Other means of support may include maintaining life or health insurance or defraying some of the recipient’s expenses.
When cash is the method of support, the parties will arrive at it by negotiation. By contrast, the amount of alimony or post-separation support, if any, turns on what is needed to maintain the dependent’s accustomed standard of living and the supporting spouse’s ability to pay. Cash support can take the form of a lump sum payment or monthly payments for a specified time, or until terminated by the happening of an event.
Parties might choose to provide for spousal support in a prenuptial, or premarital, contract. However, the couple's financial condition is more likely to change between entering such an agreement and separation. In a separation agreement, the parties are more likely to negotiate based on known facts and conditions.
Monthly Cash Payment
Spousal support doesn’t always come via a monthly cash payment. For couples with a marital home, a spouse might assume responsibility for the mortgage and let the supported spouse live there. Other means of support may include maintaining life or health insurance or defraying some of the recipient’s expenses.
When cash is the method of support, the parties will arrive at it by negotiation. By contrast, the amount of alimony or post-separation support, if any, turns on what is needed to maintain the dependent’s accustomed standard of living and the supporting spouse’s ability to pay. Cash support can take the form of a lump sum payment or monthly payments for a specified time, or until terminated by the happening of an event.
Termination of Agreement
In a typical agreement, the obligation to support will end upon the first happening of:
Death. If the agreement doesn’t say the support stops at death, then the survivors of the recipient may claim a right to continued payments. Where the payor seeks to deduct alimony from income taxes, the agreement must end payments on death of the recipient.
In a typical agreement, the obligation to support will end upon the first happening of:
Death. If the agreement doesn’t say the support stops at death, then the survivors of the recipient may claim a right to continued payments. Where the payor seeks to deduct alimony from income taxes, the agreement must end payments on death of the recipient.
Remarriage or Cohabitation of the Recipient. Commonly, a separated or ex-spouse can terminate the obligation where the recipient marries. A separation agreement can also end support when the recipient cohabits, that is, lives with another for a specified period of time.
Reconciliation. Spousal support can terminate when the parties resume their marital relationship. Normally, living under the same roof constitutes reconciliation. However, spouses who move back in may not be reconciled if, for example, they occupy separate rooms or parts of the home.
Where one party supports the other by assuming the mortgage, the obligation ends when the recipient leaves the home, cohabits with another in the home or remarries.
In some agreements, the parties may opt for a definite end date for spousal support.
Waiving the Right to Court-Ordered Alimony or Support
By entering into a spousal support agreement, the parties give up their right to have alimony or support determined by the court. Thus, the court does not determine factors such as standard of living, dependency or the supporter’s ability to pay. With waiver language, the agreement bars the parties from starting legal proceedings for alimony or other spousal support.
Modification
Typically, an agreement will provide the parties cannot change spousal support provisions except by written agreement of the parties.
Below is one sample of a letter setting of the agreement for spousal support. The propriety of using any particular language will depend on the parties' particular wishes and situation.
Reconciliation. Spousal support can terminate when the parties resume their marital relationship. Normally, living under the same roof constitutes reconciliation. However, spouses who move back in may not be reconciled if, for example, they occupy separate rooms or parts of the home.
Where one party supports the other by assuming the mortgage, the obligation ends when the recipient leaves the home, cohabits with another in the home or remarries.
In some agreements, the parties may opt for a definite end date for spousal support.
Waiving the Right to Court-Ordered Alimony or Support
By entering into a spousal support agreement, the parties give up their right to have alimony or support determined by the court. Thus, the court does not determine factors such as standard of living, dependency or the supporter’s ability to pay. With waiver language, the agreement bars the parties from starting legal proceedings for alimony or other spousal support.
Modification
Typically, an agreement will provide the parties cannot change spousal support provisions except by written agreement of the parties.
Below is one sample of a letter setting of the agreement for spousal support. The propriety of using any particular language will depend on the parties' particular wishes and situation.
Sample Spousal Support Agreement Letter
The parties herein were married on ________________. As a result of differences and circumstances which have developed between them, the parties desire and agree to live separate and apart as provided below. In exchange and consideration for living separate and apart....
Alimony and Spousal Support
(Spouse 1) shall pay to (Spouse 2) the sum of ________ per month for support and maintenance of (Spouse 2). The payment shall be due on ____ day of each month and shall be delivered in cash or certified check. The obligation of (Spouse 1) to pay support to (Spouse 2) shall end upon the earlier of either Spouse’s death, the remarriage of Spouse 2, reconciliation of the parties; or cohabitation of Spouse 2.
Except as expressly provided herein, each party hereby forever waives and relinquishes his or her right to alimony, spousal support, post-separation support or similar payments and his or her right to maintain any legal proceeding or action to claim any such alimony or support. This agreement may be pleaded as a defense or bar to any such action or claim.
The provisions of this agreement may not be modified except by express written agreement of the parties. It shall not be a ground to amend this agreement that either party has experienced a change in financial condition.
Each party has fully disclosed to the other the party's respective financial condition. The parties, by their signatures below, voluntarily and knowingly enter into this agreement.
This the ___ day of _______, 20xx.
Signature ___________________ (Spouse 1) (SEAL)
Signature ___________________ (Spouse 2) (SEAL)
By Andre Bradley
Frequently Asked Questions (FAQs)
Q: What is a spousal support agreement letter?
Answer: A spousal support agreement letter is a document that outlines the terms and conditions regarding financial support to be provided by one spouse to the other after the dissolution of a marriage or separation. It is a written agreement that clarifies the rights and responsibilities of both parties involved in the spousal support arrangement.
Q: What should be included in a spousal support agreement letter?
Answer: A spousal support agreement letter should include essential information such as the names of the parties involved, the effective date of the agreement, and the duration of the spousal support.
It should also specify the amount or method of calculating the support payments, the frequency of payments, and any adjustments or changes that may occur over time.
Additionally, it should address other relevant factors such as the termination conditions, tax implications, and potential modifications to the agreement.
Q: Is a spousal support agreement letter legally binding?
Answer: Yes, a properly executed spousal support agreement letter can be legally binding. However, it is important to note that the enforceability of such agreements may vary depending on the jurisdiction and specific circumstances.
To ensure its legal validity, it is advisable to consult with an attorney or legal professional who can guide you through the process and ensure compliance with relevant laws.
Q: Can a spousal support agreement letter be modified?
Answer: Yes, a spousal support agreement letter can be modified under certain circumstances. Typically, the agreement itself will outline the conditions under which modifications can be made, such as a change in financial circumstances or the occurrence of a significant life event.
It is essential to follow the appropriate legal procedures and obtain the necessary consent from both parties to ensure the modification is valid and enforceable.
Q: Can a spousal support agreement letter be enforced by the court?
Answer: In many cases, a spousal support agreement letter can be enforced by the court, provided it meets the necessary legal requirements and has been properly executed. However, enforcement procedures may vary depending on the jurisdiction.
It is crucial to consult with a legal professional who can provide guidance on the specific laws and regulations governing spousal support agreements in your jurisdiction.
Q: What happens if one party fails to comply with the spousal support agreement letter?
Answer: If one party fails to comply with the terms of a spousal support agreement letter, the other party may seek legal remedies to enforce the agreement. This could involve filing a motion with the court to enforce the agreement, seeking a judgment for the unpaid support, or pursuing other available legal options.
The specific remedies will depend on the laws of the jurisdiction and the circumstances of the case.
Q: Is it necessary to have a spousal support agreement letter when getting a divorce?
Answer: While it is not always necessary to have a spousal support agreement letter when getting a divorce, it is highly recommended. Having a written agreement provides clarity and helps avoid potential disputes or misunderstandings regarding spousal support obligations.
It offers a level of protection for both parties and can serve as a valuable reference in case of future disagreements or changes in circumstances.
Q: Can a spousal support agreement letter be used for tax purposes?
Answer: Yes, a spousal support agreement letter can be used for tax purposes. In many jurisdictions, spousal support payments may be tax-deductible for the paying spouse and taxable as income for the recipient spouse.
However, it is important to consult with a tax professional or accountant to understand the specific tax implications and requirements in your jurisdiction.
Q: How should I draft a spousal support agreement letter?
Answer: When drafting a spousal support agreement letter, it is advisable to seek legal assistance to ensure all necessary elements are included and to comply with relevant laws.
An attorney can help you customize the agreement to your specific circumstances, consider any potential contingencies, and protect your rights. Working with a legal professional can help ensure that the agreement is comprehensive, clear, and legally enforceable.
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