How to Get Spousal Support – Alimony
There are many factors that a court considers to determine if a person is entitled to spousal support or not. These factors are however, unique and vary from one state to another. This kind of spousal support is called alimony or spousal maintenance.
Though a court might consider so many factors to decide if you deserve the alimony, there are two main considerations. These include:
- Whether, you really have a need that requires you to get spousal support.
- Whether your spouse has the ability to offer you the support you are asking
So what information will a court need to determine if you deserve alimony or not?
The court will ask you to provide documentations of your expenditure and your total income. These will include the most negligible things like groceries and expenditures’ on personal grooming. The court also demands you to provide them with as much information about the financial information of your spouse as you can without lying.
Note that you should get your spouse’s financial details such as expenses, total income, and more legally. If you succeed in revealing to the court that your spouse has more income and you have less and that you are really struggling to make ends meet, then, you are likely to get spousal support.
Your age and state of health
In case you have medical condition that negatively affects your ability to work, then, the court might decide that you deserve the alimony. In some instances, the court might award you alimony for a limited time, perhaps one to ten years.
This depends on the circumstances of the case in question unless you have a condition that deters you from working. Besides, if your age doesn’t allow you to work, the court can rule out that you get the support for a long time. Retirement or nearness to your retirement period is another aspect the court will look into for both you and the spouse you need support from.
Education and employment
When seeking alimony in court, you may need to know the education and employment details for your spouse. The court considers the disparity that exists between you and your spouse’s level of education. For example if your spouse has professional qualification that entitles them to higher income or get high income than you, the court may grant you spousal support if you do not posses such qualification or you do not have an ability to high earning power.
Perhaps you haven’t been employed for some time or you are also taking care of the children, the court may rule the case to your favor and award you spousal support. However, in such cases, the court determines the award limiting it to what the court believes will be necessary to make you enter into a fulltime work or business. Probably you can use the spousal support to start a business that can give better monthly income.
Length of Marriage
The court will need to know how long you and your spouse have been staying together as a husband and a wife. With that, documents depicting the time that the two of you have been married are also important to the court in ruling whether you will receive spousal support or not. The length of period is therefore, a major factor in most states when offering spousal support.
Though it’s usually not easy for a court to grant a person spousal support for a lifetime, if the two have been in marriage for a long time such as twenty five years, the court may offer a prolonged period of time for the low earning spouse. Therefore, as you prepare for the case in court, you may need to assemble all the documents that reveal for how long you have been married.
Even if the court may award you lifetime alimony, this decision will be affected by your spouse’s ability to meet your future needs.
Bad conduct or behavior is another factor that is important when it comes to requesting spousal support. In a situation where a spouse has an affair or is abusive, that behavior may affect the award for spousal support if that conduct affected the requesting partner’s education or employment ability. Regarding this, issue, the requesting party may get spousal support if the behavior puts you in a greater need for help or assistance.
The list of reasons why a person may be granted spousal support cannot be exhausted, however, these are the most common and most widely factors that courts cannot continue with a case without considering. It is, therefore, important that the person seeking spousal support gets to know how the court goes about such cases, so that they can be ready and prepared to offer all that the court may request from them and increase their chances of bargain.