Spousal Support Agreement

This Spousal Support Agreement ("Agreement") is entered into as of [____________] by and between [Payor Name] ("Payor") and [Payee Name] ("Payee"). In consideration of the mutual covenants herein and other good and valuable consideration, Payor agrees to pay Payee spousal support (also referred to as "alimony" or "maintenance" under applicable state law) in the amount of $[____________] per month ("Monthly Support"), commencing on [____________]. The Monthly Support amount reflects the Parties' respective current incomes, the standard of living established during the marriage, the length of the marriage, and the factors enumerated in [applicable state statute]. Each Party represents that he or she has made full financial disclosure and has had the opportunity to consult with independent legal counsel.

Unless earlier terminated or modified as provided herein, Payor's support obligation shall continue for a definite term of [____] months / an indefinite term subject to court review not earlier than [____________] / until the occurrence of any terminating event described in Article III, whichever first occurs. The Parties acknowledge that the agreed term reflects a negotiated compromise and that neither Party shall be entitled to modify the term solely on the basis that circumstances have not materially changed. Notwithstanding the foregoing, either Party may seek judicial modification of the support term upon a showing of exceptional and unanticipated circumstances that render enforcement of the agreed term unconscionable.

Monthly Support payments shall be due and payable on the [____]th day of each calendar month and shall be remitted by [electronic funds transfer / certified check / income withholding order] to the account or address designated by Payee in writing. Payor shall provide Payee with written or electronic confirmation of each payment on the date of remittance. Payments not received by Payee within [____] days of the due date shall be deemed late and shall accrue interest at the rate of [____]% per annum from the due date until the date of actual payment. Interest shall be calculated on a daily basis and shall be due and payable in full with each delinquent payment.

Payor shall maintain a life insurance policy with a face value of not less than $[____________] naming Payee as irrevocable beneficiary for so long as any support obligation remains outstanding, and shall provide Payee with annual evidence of coverage and premium payment. In the event Payor fails to maintain such coverage, Payee shall have the right to obtain substitute coverage at Payor's expense, and the cost of such substitute coverage shall be added to Payor's Monthly Support obligation. Any lump-sum payment intended to discharge all or a portion of the future support obligation must be agreed to in writing by both Parties and, where required, approved by a court of competent jurisdiction.

The Monthly Support obligation shall terminate automatically and without further court order upon the earliest occurrence of: (a) Payee's remarriage; (b) Payee's cohabitation with an unrelated adult in a conjugal relationship for a continuous period of [____] or more consecutive days or [____] or more days in any twelve-month period; (c) the death of either Party; or (d) the expiration of the agreed support term. "Cohabitation" shall mean a living arrangement in which Payee and another adult share a primary residence and present themselves publicly as a couple or domestic partners, regardless of whether they share finances or have any legal relationship. Payor bears the burden of proving cohabitation by [clear and convincing evidence / a preponderance of the evidence] in any enforcement proceeding.

Either Party may seek judicial modification of the Monthly Support amount upon a showing of a substantial and material change in circumstances, including a significant involuntary change in either Party's income, a medical disability, or other extraordinary circumstance rendering the current obligation unjust. Any voluntary reduction of Payor's income, including voluntary unemployment or underemployment, shall not constitute grounds for downward modification unless Payor demonstrates that the reduction was made in good faith and for legitimate career or health reasons. The Party seeking modification shall bear the burden of establishing the requisite change in circumstances before the court.

The Parties acknowledge that, pursuant to the Tax Cuts and Jobs Act of 2017, for divorce or separation instruments executed after December 31, 2018, spousal support payments are not deductible by Payor and are not includible in Payee's gross income for federal income tax purposes. For any divorce or separation instrument executed on or before December 31, 2018, the Parties shall confirm and agree in writing whether the prior-law tax treatment applies and shall file their respective tax returns consistently with that determination. The Parties agree to cooperate in good faith regarding any tax filing positions, including executing IRS Form 8958 or other applicable forms, where necessary to reflect the agreed characterization of support payments.

Each Party shall be solely responsible for his or her own income tax obligations arising from any income received or deemed received by that Party, including any imputed income attributable to below-market support payments or in-kind support. The Parties agree to provide each other with copies of all tax returns filed during the period the support obligation remains in effect within [____] days of filing, solely for purposes of verifying income for modification proceedings. Neither Party shall provide or use the other Party's tax information for any purpose other than enforcement or modification of this Agreement without the express written consent of the Party whose information is disclosed.