Given that our state recognizes equitable distribution of property in divorce, you should receive your fair share of marital assets. While that might sound like it’ll put you on strong financial footing post-divorce, there are two problems here. The first is that equitable division does not require equal division. Instead, unless you and your spouse can agree to a division arrangement, the judge overseeing your case will decide what sort of division is fair under the circumstances. Second, receiving your fair share of the of the marital estate simply may not be enough to ensure self-sustainability post-divorce.
So, what can you do to ensure you have the financial stability needed once your marriage dissolution is finalized? One option is to seek spousal support. Although it’s not a guarantee that the court will order it in your case, you might have a strong argument for it depending on the circumstances of your case.
Want To Hire a Bankruptcy Lawyer?
Building a compelling case for spousal support
If you want to try to secure spousal support in your divorce, you have to be prepared to effectively argue for it. If you throw together a request without much preparation or foresight, it’s bound to be denied, which can leave you in a difficult position. Therefore, if you’re ready to build your argument for alimony, then you should think about incorporating the following information if it has persuasive value:
- Illustrate your sacrifices: You’re much more likely to secure spousal support if you can show that you made significant sacrifices during your marriage. For example, if you quit your job to take care of children while your spouse focused on advancing their career, then you’ve sacrificed your own career development and stymied your own income potential to support your family. This puts you at a disadvantage moving into your post-divorce life and gives you solid grounds upon which to base your request for alimony. Think of any other sacrifices that you’ve made that you can use to bolster your argument.
- Show your spouse’s ability to pay: The court will be more willing to order spousal support if your spouse is comfortably able to pay it. Therefore, it’s to your benefit to request financial records from your spouse so that you can show that they’re able to pay you what you’re requesting.
- Portray your marital standard of living: Ideally, the court will issue a property division and spousal support order that allows you and your spouse to enjoy the same standard of living that you experienced during your marriage. Therefore, the more you can demonstrate what life was like during your marriage, the more you’re likely to acquire in spousal support payments. Just remember that you have to be honest here and back up your claims with evidence.
Want To Hire a Bankruptcy Lawyer?
Aggressively advocate for the spousal support that you need
Fighting for spousal support isn’t about getting back at your spouse and making them pay for the emotional pain they’ve caused you. It’s about securing financial resources to ensure that you have stability until such time as you become self-sufficient. If you go into your case with that expectation, you’ll be better positioned to target your arguments to the legal requirements at hand.
If you’re ready to advocate for the resources you need post-divorce, then now is the time to start gathering evidence to support your position. If you think that you need help with that, then consider where you can turn for the education and support necessary to navigate the process with confidence.
