Divorce With Respect

Making the case for alimony

On Behalf of | Sep 19, 2016 | English, Family Law, Firm News | 0 comments

Money is typically a huge element in any divorce, whether you want it to be or not. Like it or not, a divorce is a dissolution of a business partnership. You will have to divide up your assets and set rules for child custody, and you would also be wise to at least consider your options for seeking spousal support.

Spousal support (as it is called in California), or alimony (as listed on a tax return), is not something that is appropriate or available in every divorce. Generally speaking, it is reserved for situations in which one spouse would be at a greater financial disadvantage after a divorce than the other. But before you decide you are not eligible for alimony or that you don’t need it, there are a few things you will want to consider.

The basic premise of spousal support is the need of the recipient versus the ability to pay of the other spouse. You will also want to remember that your request for alimony is not going to bankrupt your ex. Some people are hesitant to seek support because they feel badly about it. However, the fact is the courts will consider your needs and the financial capabilities of your ex before calculating how much support may be necessary and appropriate.

Finally, remember that it doesn’t hurt to ask for support. You won’t be penalized for it by the courts; the worst that could happen is your request is denied. However, there are ways of requesting alimony that are more effective than others are, especially if you are working outside of courts to reach a divorce settlement.

With all these things in mind, we encourage you to take some time to think carefully about your options for spousal support. The attorneys at our firm can help to clarify your options and guide you through the process of seeking alimony, should it be appropriate. For more information, please visit our spousal support webpage.