How Do I Win Alimony in a Divorce?

by Andrew Olson on 04-21-2015 in Divorce

How Do I Win Alimony in a Divorce?

Alimony, sometimes called maintenance or spousal support, is in effect in many states today. If you are currently in or expect to be in a divorce suit soon, and alimony is awarded, you can expect to either pay or be paid alimony. Each state has its own alimony laws, so the award may be permanent or may only be awarded for a specific period of time.

Today, with more households having dual incomes, alimony awards are occurring less and less. However, in cases where one spouse stays home or a spouse makes significantly less than the other spouse, you can expect to get alimony in divorce proceedings. Even in these cases, though, the spouse may be required to secure some type of employment.  

If you are going to win your alimony case, the case will be decided on your ability to earn a wage after the divorce. Your ability to earn may also have been hindered due to your marriage. For instance, a housewife stayed home with the kids while her husband went to college and pursued a career, eventually becoming an executive for a company. The wife in this case never received any formal post high school education and was never required to work. Her ability to work and earn a wage now may be hindered by the fact that she has no formal education as well as her age.

Now, this is not to say that the spouse will not be required to find some type of job for income. If, for instance, the wife has been working part time, she may now need to find a full time job. If she does not have the proper training, alimony may be awarded for a specific period to provide her time to pursue an education or the proper training to find a better job.

The courts may also appoint a vocational advisor for the spouse seeking alimony. This advisor helps them decide on a better career path as well as serving as an employment recruiter of sorts. He or she will shop her resume around to employers, ideally finding permanent and full time employment for her.

Because every state has its own laws regarding alimony in divorce, you should contact a local divorce lawyer to evaluate your case. You can bet that if alimony is at stake, your spouse already has an attorney, so you better get one too! He or she will be able to give you a better idea of your chances of being awarded alimony.

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