You want your husband to pay spousal support after your divorce. How can you ensure this will occur? If both parties cannot come to an agreement on how spousal support can factor into a divorce decree, the courts will decide this for you. It is important to provide the court with all information needed for such a decision. It is also important that you work with an attorney to ensure your needs are met as much as is possible.
What the Court Uses to Determine Spousal Support
The laws in each state do differ when it comes to the need to pay spousal support. However, the divorce documents will outline most of what is necessary here, including if spousal support is necessary, how much the husband should pay and how long it will continue.
There are numerous factors that courts take into consideration to determine the validity and amount of spousal support. The following factors play a role in that process.
- If there is a divorce decree already in place, the court will focus in on this particular area. This document is usually signed when both parties agree on the terms.
- The income of the husband as compared to that of the wife is a consideration. Women who are gainfully employed and making enough to support themselves may not qualify for spousal support. On the flip side, a stay at home mom may need support to maintain the quality of life.
- If both parties contributed equally, financially to the marriage, also is a big part of the decision. However, caring for children or dependents is also a factor here.
- Lifestyle choices can also play a role in the requirement to pay spousal support. Those who lived a more expensive lifestyle are likely to get a larger amount of money after the settlement, assuming that the funds did not contribute to financial strain on the marriage (you spent money on credit and ran up the family's debt.)
- Fault does play a role in the spousal support considerations as well. A judge is likely to consider fault when it is one sided, such as an affair or one spouse mistreating family funds. In this case, the spouse who was at fault may receive less or not spousal support, or may need to pay more.
Each of these factors is a part of the decision making process a court will use. However, it is not always simplistic.
Hiring an Attorney
Attorneys will help you through the process of getting spousal support, including ensuring that your husband does pay spousal support if he is at fault or is the income earner in the family.
