Divorce and Spousal Support: Key Considerations with a Divorce Attorney

Going through a divorce is an incredibly difficult and emotional process. In addition to hammering out issues like child custody and dividing assets, separating spouses must also determine spousal support, also known as alimony. This financial aspect aims to balance the needs of both parties post-divorce, but calculating what is fair can be complicated.

In this article, we will explore key factors to consider when negotiating spousal support. We’ll discuss how a divorce attorney can help evaluate your unique circumstances and advise on an appropriate support agreement. By understanding your rights and obligations regarding this issue, you can make informed decisions with the guidance of a legal professional.

Seeking Counsel from a Divorce Attorney

The spousal support determination is best handled with the assistance of an experienced divorce attorney. They understand all relevant state laws and how judges typically rule on these matters. An attorney can properly advise you on reasonable expectations given your individual circumstances.

When first meeting with a divorce lawyer, it’s important to provide a full accounting of both spouses’ financial situations. This includes income, expenses, debts, savings, retirement funds, health insurance coverage, and any special needs or liabilities. Your attorney will build a case analyzing all factors that may qualify one spouse for ongoing support.

Having counsel from the start allows time for strategic negotiations with the other side, whether through formal mediation or informal discussions. Drafting a clear support agreement early avoids last-minute rushing or ill-advised compromises made without guidance. An attorney can also represent your interests in court if an agreement cannot be reached.

Key Factors in Spousal Support Decisions

State laws provide general guidelines for judges to consider in determining “fair and equitable” spousal support awards. However, specifics ultimately depend on the individual details of each divorce case. Common evaluation factors include:

Length of marriage – Marriages of longer duration often warrant greater support amounts and duration.
Age and health – Younger, healthier spouses may receive support for a limited time to become self-sufficient. Older or unwell spouses may receive indefinite support.
Earning abilities/standard of living – The higher-earning spouse may need to subsidize the lower-earner’s lifestyle for a period. Lifestyles pre- versus post-divorce are compared.
Career sacrifices made – Spouses who put careers on hold to raise children may be entitled to compensate for lost wages and experience.
Assets and debts divided – Property settlements are weighed, with support potentially adjusting any inequities.
Child custody arrangements – Primary childcare parents may merit support to adequately care for children.

By presenting a complete financial profile, an attorney helps judges properly balance all factors in setting reasonable support terms. The goal is to allow both ex-spouses to transition gradually post-divorce.

Conclusion

Negotiating spousal support presents complex issues requiring specialized legal guidance. A divorce attorney can interpret laws, advise on reasonable expectations, and create settlement terms addressing both parties’ long-term needs post-divorce. They also know strategies for enforcing orders if problems arise later on.

Separating with the right counsel from the start eases an already trying process. With open communication and full documentation of financial lives presented, attorneys negotiate balanced support solutions as part of an overall divorce resolution serving both former spouses moving forward. Their insights leave clients empowered to make informed decisions regarding this crucial piece of dissolving a marriage.