Dividing the marital estate during divorce proceedings can be stressful. After all, the outcome of that process can shape your financial stability for a long time to come. Yet, all too often divorcing individuals fail to account for how spousal support can play a role in their post-divorce financial well-being. This oftentimes leaves them worse off than they otherwise could be, which is an outcome that you’ll want to avoid. But how can you secure the financial relief that you need through a support order?
There are several steps you can take to better position yourself to recover the alimony that you need and deserve. Let’s look at some of them here so that you can start developing your divorce legal strategy.
How to maximize your chances of securing spousal support
You need to take spousal support seriously. Here are a few ways to truly evaluate your financial situation and develop legal arguments that may be persuasive to both your spouse and the court when it comes to awarding alimony:
- Show ability to pay: You’re going to be in a tough spot requesting alimony if you can’t prove that your spouse can pay the amount you request. So, subpoena relevant records from your spouse so that you have a realistic idea of their financial standing and what they’re capable of paying you in support.
- Create a post-divorce budget: An award of spousal support is going to be based, in large part, on your financial need, particularly when viewed in light of the marital standard of living. The best way to present your financial standing post-divorce is to create a budget that accurately reflects your income and your expenses. Honesty and transparency are key here, so don’t try to exaggerate your circumstances, otherwise your credibility and your argument might get blown out of the water.
- Highlight your sacrifices: Alimony is aimed at providing financial support until the receiving spouse becomes self-sufficient. Therefore, it’s helpful to show the court how sacrifices you made during your marriage, whether that be quitting your job to raise children or foregoing your own education to support your spouse’s, have prevented you from being able to adequately take care of yourself.
- Demonstrate your parenting responsibilities: If you’re going to wind up the custodial parent when your divorce is finalized, then you’ll probably also receive child support. But sometimes this support isn’t enough. For example, think about whether caring for your children full-time will require you to take time off work or change professions to give you more flexibility. This can lead to financial stain that may be compensable through a spousal support order.
- Prove adultery: Although an affair doesn’t automatically have an impact on the outcome of divorce, it can have an indirect impact. Since an alimony determination is ultimately left in the hands of a judge, they may take adultery into account when determining the fairness of spousal support order. Also, you might be able to use an affair as leverage to secure spousal support through negotiations so that your spouse can avoid airing their dirty secret in open court.
Develop a strong legal strategy to secure the spousal support that you need
There’s a lot that goes into a spousal support argument. That’s why you need to be prepared heading into your case. Think through the evidence at hand and familiarize yourself with the legal standard that’s applicable in these situations. By doing so, you’ll hopefully get a sense of how to lay the foundation for a successful argument that positions you for post-divorce financial success.