The property division process in your divorce should leave you with your fair share of the marital estate, thereby providing you with some semblance of stability. Yet, those assets may not be enough to cover your debt obligations and maintain the kind of lifestyle that you enjoyed during your marriage. If that’s the case, then you should consider advocating for spousal support. If you’re successful here, then you may receive monthly payments from your spouse or a one-time lump sum payment to assist you in becoming self-sufficient.
But spousal support isn’t automatically ordered in divorce. In fact, in many cases alimony requests are aggressively contested. Therefore, before moving full steam ahead with your request for spousal support, you need to understand how you can maximize your chances of success.
How to increase your chances of recovering the alimony you deserve
There are several factors that go into a spousal support determination. You should be ready to address each of them in your divorce. This includes showing the following:
- Sacrifices made during marriage: If you cut your education or career short to support your family and raise your children, then you’re not going to be in as strong of a financial position post-divorce as you otherwise could’ve been. Therefore, these sacrifices often carry a lot of weight in a spousal support dispute. Be sure to highlight your sacrifices with clarity.
- The marital standard of living: The court will try to provide each spouse with the resources needed to maintain the marital standard of living. Even if that’s not possible, you should still present evidence that establishes the lifestyle you enjoyed during your marriage so that the court knows what it needs to shoot for when making a spousal support determination.
- Your post-divorce budget: By creating a realistic and honest post-divorce budget, you can show the court, and your spouse, where your needs lie. This can paint a more compelling picture of the necessity of an alimony order.
- Your anticipated parenting obligations: If you anticipate carrying the bulk of the parenting responsibilities post-divorce, then you may need additional resources, especially if that care is going to require you to cut your work hours or stay at home with your children. Keep in mind that alimony and child support have different goals, so each should be addressed in your divorce case accordingly.
- Your spouse’s financial resources: The court isn’t going to order spousal support if your spouse is unable to pay it. That’s one reason why your spouse will try to make it look like they don’t have the money to adhere to such an obligation. But by subpoenaing their financial records, you may be able to present compelling evidence to the court that demonstrates that they in fact do have the resources necessary to meet a spousal support obligation.
- Marital wrongdoing: It’s unpleasant to bring up harmful events that occurred during your marriage, and sometimes they don’t have much legal value. But, depending on the circumstances of your marriage, issues like adultery may be powerful evidence in your request for alimony. Be sure to discuss your unique set of circumstances with your attorney so that you’re presenting the most powerful evidence in support of your request.
Seize the opportunity to secure the financial resources you need and deserve
Spousal support can provide a financial lifeline in as you try to rebuild your life after divorce. Don’t let the opportunity to secure those resources pass you by. Instead, continue to read up on what it takes to build a compelling and persuasive alimony case so that you can maximize your chances of recovering the support that you need and deserve.