An Experienced Family Law
Attorney Working For You

How to build an effective case for spousal support

On Behalf of | May 15, 2024 | Spousal Support |

In addition to all the other ways it changes you, divorce may be the biggest financial transaction that you complete in your lifetime. Property division can leave you walking away with far less than you need to maintain the standard of living you enjoyed during your marriage. This is where spousal support might come into play. If you can aggressively advocate for the support that you need, then you might successfully recover the monthly payments necessary to provide you with financial stability.

But alimony isn’t automatically granted, even in high-asset divorces. Instead, you have to gather evidence and present persuasive arguments.

Tips for building a strong case for spousal support

There are several factors that go into an alimony determination. You’ll want to hit on as many of them as you can, but here are some crucial areas that you’ll want to address if you want to maximize your chances of being awarded spousal support:

  • Your marital standard of living: The judge’s goal when addressing spousal support is to ensure that both parties enjoy the same standard of living that existed during the marriage. But the court isn’t going to know what that standard of living looked like unless you can paint a picture. So, gather evidence that shows what type of house you lived in, the car that you drove, the vacations you went on, how often you dined out and how frequently you went shopping. Every detail matters here.
  • Your post-divorce budget: By creating a budget that shows where you fall short, you can educate the court on what you need to maintain your standard of living. So, be realistic when you create your budget, and don’t sell yourself short.
  • Your spouse’s income: To recover spousal support, you have to show that your spouse has the ability to pay it. By subpoenaing financial records, you can present the court with evidence of their income and their expenditures, which should show what they have left over from which they can pay spousal support.
  • Your attempts to secure a job: You can’t just sit back and expect that spousal support will cover your needs in full. Instead, you can present a more persuasive case by looking for work. This will show the judge how you lack certain marketable skills or how the pay you’ll receive falls well short of what you need to maintain the marital standard of living.
  • Your sacrifices during marriage: For example, if you gave up your education or your career to raise a family, then you’ll be hard-pressed to find a high-paying job. Gather evidence of these sacrifices so that you can present it to the court.

Advocate for the spousal support that you need

If you feel you need and deserve spousal support, then now is the time to start building your case. These can be hard-fought matters, which is why it’s crucial that you abuild your arguments in a way that will be persuasive to the court.