Alimony Costa Rica

Alimony is a legal term in the US used in regards to spousal support payments upon dissolution of the marriage. Alimony payments are established in the area of family law and are based upon the premise that spouses entering into a marriage are legally obligated to support each other financially until death. Such alimony payments are paid from one former spouse to another as decreed by the judge granting the couple’s divorce. Due-process is a term used to mean that CR will respect the laws and judgments of a state within the US. Within the boundaries of due-process, alimony may still be paid to a former spouse who moves to Costa Rica or to a former spouse who is Costa Rican national. The precedent has been set that Costa Rica will aid the US and the IRS to locate a former spouse who has been ordered to pay alimony from within CR, and in some cases aid the party in due-process. Occasionally this may require law enforcement by Costa Rican officials, and/or party extradition to the US or vice versa. US or CR nationals thinking of moving to the other country to avoid alimony payments to a spouse in the home country are strongly advised against this practice for the reasons stated above.

Traditionally, alimony is paid to the wives upon divorce, as women historically had less ability to support themselves after the divorce and less education. Plus, traditional family courts nearly always awarded the children to the ex-wife. Costa Rican divorce laws are still much more stringent than those in the USA, in that divorces can only be granted in the cases of spousal misconduct. Divorces in Costa Rica are still granted on this more stringent legal definition, which can be tricky for US citizens who marry Costa Rican nationals. Generally Costa Rica will not allow divorces for reasons that are as nebulous as in the USA, and therefore those with the option may wish to choose to divorce within the US rather than CR. This creates a nebulous situation, however, if the spousal party at fault is not as clearly delineated as in CR divorce cases. Alimony therefore is something to keep in mind in this situation, as most likely if you return to the US and are not granted a divorce, you will still have to pay alimony to your spouse.

Contact an attorney for specific legal advice about alimony and due-process. A prenuptial agreement is the most straightforward way to avoid alimony payments or to avoid a harsh ruling from a family law case judge. The national consulate in each country can also help provide legal advice. It is best advised in all cases to contact a specialist in international family law so that you can find specific support about your own situation. Although the large-scale alimony laws seem clear-cut, in fact there are a lot of grey areas that will require the legal advice of family law experts. For example, the nationality of the children involved may skew the alimony amounts or which party receives payments.