On behalf of South Tampa Law Group posted in alimony on Thursday, December 22, 2016.
With more and more people becoming divorced each year, many ex-spouses are finding themselves in the position of trying to receive alimony after the marriage has been dissolved. Records.com reports that Florida boasts one of the highest rates of divorce in the country. At number seven on the list of top states for divorce, the married portion of the state’s population is less than half at 46 percent. Over 13 percent of the residents are already divorced and another 2.2 percent have separated. Many of these divorced people find themselves struggling to receive the alimony they are supposed to be given.
Forbes reports that courts have ways of enforcing alimony requirements, even on reluctant spouses. One way to obtain owed payments is to withdraw the funds from retirement accounts. A judge can approve a Qualified Domestic Relations Order, or QDRO, which allows the court to subtract missing payments from 401ks, pension plans and other retirement accounts.
Many times, a divorced spouse will find it difficult to afford to pay the necessary court and legal fees. With a judge’s approval, the QDRO can be used to withdraw money for this, since it qualifies as a type of financial support. There are other ways it can be used as well.
Some spouses who suspect their ex may try to avoid paying alimony choose to enforce alternate methods for payment from the beginning. An Alimony Maintenance Trust is a method where the paying spouse places assets in a trust which gives the ex-spouse the agreed-upon amount each month.