If you are a stay-at-home spouse planning to get a divorce, you may have concerns about your financial stability. While you may assume you deserve spousal maintenance, you may wonder if you will actually get it. There is no guarantee of alimony payments, but it is common for nonworking spouses to receive some.
The judge may order your spouse to pay you alimony during and after the divorce. You may receive payments on a short- or long-term basis. You can take a few actions to increase your chances of getting sufficient financial support from your soon-to-be-ex-spouse. Here is what you should show the court to prove alimony payments are necessary.
Generally, you must show the court evidence of your financial situation. Gather proof of your financial resources, assets and expenses. The expenses portion is crucial. Factor in all of your living costs, such as mortgage or rent payments, groceries and personal care.
Health and age
The court will consider your physical and mental health when determining alimony payments. In general, the court may provide more spousal maintenance if you are older or have a medical condition that limits your ability to work. The court may also look at whether you are near retirement and how this may impact your finances.
Future earning capacity
Another factor the court will look at is your ability to support yourself financially. If you want the most alimony for the longest period of time, you must demonstrate any hurdles to you becoming self-sufficient. You may also want to prove you require time and expenses for education or training to begin employment.
The finances of your spouse
Of course, one important facet of spousal support orders is how much your spouse earns. You can gather evidence of your spouse’s income and expenses to prove he or she has sufficient funds to meet your financial needs.