Free Alimony Agreement Template
ALIMONY AGREEMENT
I. Background
This Alimony Agreement ("Agreement") is entered into effective as of [Effective Date], by and between [YOUR NAME] ("Payer") and [RECIPIENT'S NAME] ("Recipient"), collectively referred to as the "Parties."
WHEREAS, the Parties were previously married and are now divorced, and
WHEREAS, the Parties desire to establish their respective rights and obligations regarding the payment of alimony.
II. Consideration
In consideration of the promises and agreements contained herein, the Parties agree as follows:
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Payer acknowledges that Recipient has certain financial needs and obligations that were established during the marriage and that alimony is being paid to help meet those needs and obligations.
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Recipient acknowledges that Payer has certain financial obligations and responsibilities and that the alimony payments are being made in recognition of those obligations and responsibilities.
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The Parties acknowledge that the alimony payments are being made in lieu of any further claims for support or maintenance that either Party may have against the other.
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This Agreement is being entered into voluntarily by both Parties, without any coercion or undue influence, and each Party acknowledges that they have had the opportunity to seek independent legal advice before signing this Agreement.
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The Parties agree that the alimony payments are fair and reasonable in light of the circumstances of the Parties, including their respective financial situations, earning capacities, and the standard of living established during the marriage.
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The Parties further agree that the alimony payments are being made in consideration of the waiver by each Party of any rights to receive additional support or maintenance from the other, except as provided for in this Agreement.
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Payer and Recipient acknowledge that they have fully disclosed their respective financial situations to each other and that they have relied on such disclosures in entering into this Agreement.
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The Parties agree that the alimony payments are being made in consideration of the mutual promises and agreements contained in this Agreement, including the release of any claims or rights that either Party may have against the other arising out of the marriage or its dissolution.
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The Parties acknowledge that the alimony payments are being made in consideration of the division of property and assets between the Parties as set forth in the divorce decree or property settlement agreement entered into by the Parties.
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The Parties agree that the alimony payments are being made in consideration of the other Party's waiver of any claims to a share of the other Party's retirement benefits, pension, or other similar benefits, except as provided for in this Agreement.
III. Alimony Amount and Payment
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Payer agrees to pay Recipient the sum of [INSERT AMOUNT] per month, payable in equal monthly installments on the first day of each month, commencing on [INSERT START DATE].
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Should it happen that the scheduled date for the alimony payment coincides with a weekend or a recognized holiday, the required payment should be made not on that day, but instead, it should be transferred to and completed on the last business day that occurs prior to the weekend or holiday.
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Upon the recipient's request, the payer is obligated to provide a comprehensive statement. This statement needs to detail the full calculation of the alimony amount. It should include all necessary details such as any potential adjustments or deductions that have been made to the final amount.
IV. Duration and Modification of Alimony
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The alimony payments shall continue for a period of [INSERT DURATION] from the Effective Date, unless terminated earlier as provided herein or modified by mutual agreement of the Parties.
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Either Party may seek modification of the alimony amount or duration upon a substantial change in circumstances, including but not limited to, a change in either Party's income, health, or marital status.
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In the event of any change that happens to be made involving the amount or the duration of the alimony, it will be required to be recorded in a written format. Furthermore, it must be incorporated into this Agreement as a formal amendment, effectively altering the original terms of said Agreement.
V. Tax Implications
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Payer shall be responsible for any taxes or penalties incurred as a result of the alimony payments, in accordance with the tax laws of the State of [INSERT STATE].
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The individual or entity who is the recipient of the funds is expected to collaborate and work together with the individual or entity providing those funds, which is known as the payer, in ensuring that all required data, details and documents that are needed for tax-related matters, obligations or activities are duly provided.
VI. Health Insurance
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Payer shall maintain health insurance coverage for Recipient, including medical, dental, and vision insurance, for a period of [INSERT DURATION] from the Effective Date, or until Recipient becomes eligible for coverage under another plan, whichever occurs first.
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The person or entity referred to as the Payer, is required and obliged to provide the individual or organization referred to as the Recipient, with a notice in a timely and prompt manner regarding any modifications, alterations or changes that are made to the coverage or benefits of the health insurance policy.
VII. Life Insurance
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Payer shall maintain a life insurance policy with a death benefit equal to the remaining balance of the alimony payments due under this Agreement, naming Recipient as the irrevocable beneficiary, for a period of [INSERT DURATION] from the Effective Date.
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The payer is obligated to supply the recipient with evidence of the life insurance policy on an annual basis. The information provided should include the specific details of the policy number, the total amount of the coverage provided by the policy, and the designated beneficiary of the policy.
VIII. Legal Representation
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Each Party acknowledges that they have had the opportunity to seek independent legal advice before entering into this Agreement and have done so to their satisfaction.
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Each participating party involved in this Agreement formally renounces and dismisses any potential claims or defenses they may have had, which are rooted on the grounds of being inadequately represented by legal counsel, or having received insufficient or poor legal advice, with respect to their involvement and obligations in connection with this Agreement.
IX. Confidentiality
The Parties, by entering into this Agreement, mutually consent and acknowledge that all the terms, conditions, and stipulations contained within this Agreement are to be considered and treated as strictly confidential.
Both Parties are obliged to maintain this confidentiality, prohibiting themselves from disclosing any information about the Agreement to any third parties.
This obligation to maintain confidentiality, however, is not absolute and shall be waived to the extent of any legal requirement compelling a Party to disclose any or all information about the Agreement.
X. Attorney's Fees
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In the event of a dispute arising out of this Agreement, the prevailing Party shall be entitled to recover their reasonable attorney's fees and costs from the non-prevailing Party.
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The Parties agree to mediate any disputes arising out of this Agreement before resorting to litigation, and the prevailing Party in any such mediation shall be entitled to recover their reasonable mediation fees and costs from the non-prevailing Party.
XI. Notice of Address Change
Both Parties have mutually agreed that, in the event of any alterations to their contact information, the other party shall be informed in a written manner. The notification must take place within a specified period of time following the change.
The timeframe for such a notification to be produced is agreed to be [number of days, e.g., 30 days] subsequent to the occurrence of such a change.
XII. Governing Law
This Agreement, in its interpretation and application, shall be controlled and interpreted in line with the laws of the State of [INSERT STATE]. This shall be so regardless of any principles or rules the state may have that may result in conflict of laws. This is in ensuring the utmost understanding and conformity vital for the execution of the agreement.
XIII. Termination
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This Agreement shall terminate upon the death of either Party, the remarriage of Recipient, or as otherwise agreed upon in writing by both Parties.
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In the event of the death of Payer, the alimony payments shall continue to be paid from Payer's estate until the termination date specified in this Agreement.
XIV. Entire Agreement
This Agreement represents the entire and comprehensive agreement established between the Parties involved in relation to the subject matter at hand. It takes precedence over, and effectively replaces any and all previous agreements, understandings or arrangements that have transpired between the Parties pertaining to this specific subject matter.
This applies to any and all forms of these prior agreements, be it conducted verbally or documented in written form. Any discussions or negotiations that have taken place prior to this Agreement are also superseded by the stipulations of the currently established Agreement.
XV. Severability
Should it transpire in the course of time that any clause or provision within the scope of this Agreement is perceived or judged to be invalid or non-compliant with set standards by any judicial body or authority vested in law, the comprehension should be clearly established that it shall not impact, alter, or in any way affect the remaining parts of the provisions.
To clarify, these remaining provisions, despite the validity or enforceability of any particular clause or provision being called into question, shall endure and persist with total effectiveness and enforceability.
They will perpetually retain their absolute purview and potency, thereby maintaining their integrity and capability to function as initially intended without losing even a fraction of their original force or effect.
XVI. Waiver
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Should there be a failure by either Party to enforce any stipulation or condition contained in this Agreement, it should not be interpreted or understood as a waiver of such stipulation or condition or as the relinquishment of the right to establish, insist upon, or apply such stipulation or condition at any future point.
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Any waiver of any provision of this Agreement must be in writing and signed by the waiving Party. Such waiver shall not constitute a waiver of any other provision or of the same provision at a future time.
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In the event that the individual who is the recipient opts to forfeit or waive their entitlement to any payment that is made for alimony, this action should not be taken as an indication or perceived as them consequently relinquishing or waiving their legal rights to receive any likely alimony payments that could potentially be made to them in the future.
XVII. Acknowledgment
Each individual or group that constitutes as a Party involved hereby acknowledges, affirms, and confirms that they have dedicated time to thoroughly read, interpret, and comprehend the content of this Agreement in its totality.
XVIII. Signatures
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
Print Name: [YOUR NAME]
Date: [Date Signed]
Print Name: [RECIPIENT'S NAME]
Date: [Date Signed]