Bilingual attorneys offering guidance through a range of legal challenges affecting both citizens and immigrants

Three steps for building a successful case for alimony

Your financial well-being is at stake when you go through the divorce process. If improperly handled, the property division process can leave you without the assets you need to be financially stable post-divorce, and an inadequately prepared case for spousal support can leave you without the monthly support that you need to stabilize yourself until you become self-sufficient. While you should be able to secure your fair share of the marital estate, there’s no guarantee that you’ll recover any sort of spousal support.

That said, there are steps that you can take to better position yourself for a successful alimony argument. Let’s take a closer look at some of those steps so that you know what you need to do moving forward.

How to position yourself for a successful spousal support argument

Keep in mind that there are various types of alimony. The most common is rehabilitative in nature, meaning that its purpose is to support you until you can become self-sufficient, such as by obtaining education, training, and employment.
Regardless of the type of alimony you seek, there are some steps that you should take to position yourself for success.

This includes:

• Gathering evidence of the marital standard of living: When spousal support is in play, the judge is going to try to ensure that you can enjoy the same standard of living that existed during your marriage. So, any evidence you can present showing what your life was like during your marriage can be helpful. Think about how often you went shopping, dined out, and went on vacation. You can also consider the car you drove and the house that you lived in. The higher the standard of living you can show, the higher the chances are that you’ll be awarded the alimony that you need.
• Presenting financial documentation: This is two-fold. First, you need to show what you’re anticipated post-divorce expenses will be. So, take some time to develop a realistic post-divorce budget. Second, you’ll want documentation of your spouse’s income and thus their ability to pay you the support you seek. You can obtain this information through the discovery process, something with which your attorney can assist. Together, these records will paint a clear picture of your financial positioning and why you should be entitled to alimony.
• Preparing evidence that shows your sacrifices: You’ll be in a stronger position to recover spousal support if you can show that you sacrificed your education, training, or career for the betterment of your family or your spouse. This could include taking time off work to raise children, but it can also include working to support your family while your spouse took time off work to further their education. While your own testimony can be powerful on this point, consider whether there are other witnesses who can help you paint a picture for the judge.

Be diligent in building your case for alimony

Alimony can play a pivot role in your post-divorce financial stability. As such, be diligent in building your alimony case. Read up on the law so that you understand what the judge will consider in your case, then work to gather the most persuasive evidence that speaks to those legal elements. If that sounds daunting, don’t worry. Marriage dissolution isn’t a process that you have to try to navigate on your own. Throughout the process, be sure to wrap yourself in the support that you need to protect your mental, emotional, and financial well-being. Hopefully then you’ll be able to walk away from your divorce with the stability that you deserve.

Skip to content