Some people enter into divorce plagued with economic uncertainty and fear. While more and more marriages consist of a couple with both parties working and contributing equally to the family finances, their pay may not be equal. If you earn significantly less than your spouse, you may fear that you will be unable to support yourself and your children after divorce.
While not ordered as often as in the past, spousal support (or alimony) is still available to anyone who shows a need, wife or husband. Instead of remaining in a doomed relationship, you might want to find out how to take advantage of this form of support. Read on to learn more about how today’s family courts deal with this financial issue.
Mind the Gap
Did you know that you might be eligible for spousal support as soon as you separate? All orders issued by a judge during the separation period are just as legitimate and enforceable as those that come with the final divorce decree. That means you don’t need to wait for help with child support or to be paid spousal support.
Seek Legal Help
Before you broach the subject with your spouse, discuss spousal support with your divorce attorney. Each state has its own way of dealing with support. You need to know how it’s viewed in your state, what the support amounts are based on, and what factors are considered when it’s ordered. If you and your spouse are able to agree on alimony, you can have a judge sanctify the agreement with an order.
Show a Need
Financial considerations for spouses in a divorce have been around, in one form or another, for many years. Only in recent history has spousal support become less routine and more need-based, however. If you and your spouse are unable to agree on your need for spousal support, you must be prepared to convince the judge. Some common reasons that demonstrate a need for support might include:
- You are older and/or in poor health.
People in their fifties and older are considered to have decreased opportunities to train for a career and are more likely to be afflicted with health issues. - You care for younger children or a child with special needs.
Child care costs can be prohibitive, and many have no choice but to take on retail or other low-paying positions. Spousal support could help fill the gap and provide time for the children to become school-aged. - You financially contributed to the marriage.
For example, you supported your higher-earning spouse while they achieved an advanced degree. - You sacrificed your career to build your spouse’s.
Say your spouse agreed that you would forgo your education and career to be a stay-at-home parent. Even if you worked part time when you were able, you deserve an opportunity to achieve income parity by attending college or job training. - You have a physical or mental disability.
And it prevents you from seeking education and/or a job to support yourself.
Unfortunately, showing a need is only the beginning.
Understand Other Factors
In addition to showing a need, the judge must also consider additional factors, such as:
- The income of both you and your spouse
- The education levels of both you and your spouse
- The length of the marriage
- The ability of one spouse to pay spousal support to the other
These factors and more come together to result in the approval of support as well as a determination of the amount to be paid.
Spousal support may not be on offer from your spouse, but that does not mean you cannot seek it out. Contact us at The Madden Law Firm Attorneys at Law about spousal support. Never stay in a bad marriage due to financial fears.
