Divorce can sometimes be an option if you need peace. However, it involves several issues that can be hard but manageable. From the legal negotiations to the emotional frustration and societal pressure, dealing with a divorce is never easy. The process requires calmness to deal with everything well.
One of the issues you may deal with during divorce is spousal support. If you have been married for several years, you may request the court that you continue to get financial support from your partner. If you come from New York or states that do not automatically allow disposal support after divorce, you should prove that you are worth getting it.
This guide discusses the top six factors the courts consider before granting the spousal support decision. Check them out.
1. Financial Capacity
If you need financial support from your spouse, the court will first check the financial ability of you two. It will examine the income, assets, and debts to determine each one’s financial position. If your spouse is more financially stable than you, chances are you may get the spousal support you want to maintain your standard of living. Should you navigate the process locally in and around Long Island, consider hiring the services of an experienced Long Island spousal support lawyer who understands the New York state laws.
That said, an expert who understands the Long Islands’s legal system is your ideal partner for navigating this legal process and getting a favorable outcome. They take care of everything, helping you even prove to the court that you need financial support to care for children with little income. In that case, the court may help you get spousal support.
2. Contribution to the Marriage
Marriage contribution is another important factor that the court checks before deciding on alimony. In marriage, you can make many contributions, one of them financial. Perhaps you were actively contributing to the family financials before you got sick, or something happened to you. In that case, the court may order that you get spousal support. Besides finances, the court may also look for other contributions and sacrifices you made in the marriage.
For instance, you could have given up on your career just to care for your children. Or maybe you have been taking care of issues at home while your partner goes to work. In that case, the court can use those sacrifices to grant you spousal support. So, identify all your contributions to the family, as they may help you get alimony.
3. Length of Marriage
How long have you been married? If your marriage is more than ten years old, chances are high that you can get spousal support. The main idea is that if you have been married long, you could have become financially dependent on your partner.
As such, starting all over again can be challenging because of the life you were used to. If you have been faithful to your partner during those years of marriage, the court can easily grant alimony so that you can carry on your life comfortably.
4. Your Health and Age
Health and age are other vital considerations that courts check when determining alimony. These factors help the court to know the financial dependence of the partners, as well as their earning ability. For instance, you may not be able to work if you are mentally unstable, disabled, or unwell. In that case, your spouse should continue offering support if they are financially stable. The support you get can be permanent or temporary, depending on your condition. Besides health, age can also help determine if you will get alimony. You may get the support if you are too old to secure a new job or be productive.
5. Behavior during Marriage
Your behavior during the marriage is not a primary factor that many courts consider. However, it is a contributing factor that helps make the financial decision. The main idea here is that a partner’s bad behavior might have contributed to breaking the marriage; hence, the other party deserves spousal support. If your partner misbehaves when married, provide that evidence to the court, and you may get spousal support. Common types of bad behavior include sexual assault, domestic abuse, adultery, or even desertion- in case your partner left you to suffer.
6. Child Custody
Spousal support and child custody are two different legal issues. However, they can sometimes go hand in hand, depending on the unique issues in that divorce. For instance, one person may get spousal support if they are the primary custodians and can’t continue working because they care for children. Besides, the parent living with the children tends to have more financial obligations; hence, they may qualify for spousal support. Nevertheless, the court may still consider every party’s financial capability and behavior at the time of marriage before considering spousal support.
How to Increase Chances of Getting Spousal Support
The above are the main factors that can influence the spousal support decision. However, you can do some things to increase your chances of getting the support. Here are some of them:
· Work with an experienced lawyer who understands the legal process.
· Get proper documentation that shows evidence for your arguments. For instance, you should have medical reports showing you are unwell and can’t work.
· Show your efforts to become financially stable. You can prove that you are looking for work or have undergone professional training.
· Don’t lie. Provide accurate details, as false information may lead to a denial.
· Appeal if you get an alimony denial
Conclusion
You can follow the legal process to get spousal support if your partner isn’t willing to offer it. When you do that, the court will consider the above factors to determine whether you should get support. Don’t panic; provide evidence, and work with a good lawyer. The journey may be challenging but can be fruitful in the end.
