Our divorce attorneys know that financial stability is a major concern for both spouses once they begin divorce proceedings.
This is especially true when one spouse has been out of the workforce raising a family and does not have enough assets to provide for their reasonable needs, or if one spouse needs training or education to pursue employment that will allow him or her to successfully support themselves going forward.
Many factors will determine whether spousal support is awarded, including the length of the marriage, the age and physical and emotional condition of the spouse seeking maintenance, and the standard of living the couple established during the marriage.
If your spouse is unwilling to voluntarily pay spousal support during or after your divorce, our experienced spousal support lawyers will help you pursue financial support through the family courts. However, we will need your help to prove you need spousal support, so we can build a successful argument on your behalf.
What Is the Best Way How Do I Prove I Need Spousal Maintenance?
Your and your spouse’s financial standing is the cornerstone of any successful spousal maintenance request case, which means you must outline how their financial resources outweigh yours.
This is especially true if you are not working or quit working to take care of your children and family home, leaving you with zero income. As your spousal support attorneys, we will present additional evidence that you require financial stability payments going forward based on the following facts.
Your Existing Finances and Future Earning Capacity
Your ability to support yourself financially may have decreased significantly since leaving the workforce to take care of your family. We will demonstrate the obstacles you face in becoming self-sufficient, and how you can overcome those hurdles with time and the financial support necessary to gain the education or training necessary to successfully re-enter the working world.
In the meantime, we must demonstrate your inability to obtain work that will sufficiently cover your expenses, which is where the spousal support will make a difference.
Your Spouse’s Finances
Just as we must demonstrate that your financial standing was diminished through lack of employment, we must also gather the necessary evidence to prove your spouse’s income vs. expenses leaves sufficient funds to meet both their and your financial needs.
Simply put, we will pursue the necessary evidence — and present it to the court — that your spouse’s income surpassed yours throughout the marriage, and still does, leaving ample funds to cover both your overall financial needs.
Your Standard of Living
While the courts will weigh your education and ability to work when making their financial support decision, we will also make it noticeably clear that your standard of living will be significantly and negatively altered without spousal maintenance.
Extenuating Circumstances Requiring Spousal Support
Your age and health may play a role in your spousal support request, including more than the award, but the amount, if your age or a medical condition keeps you from working full time.
Likewise, if you are near retirement age, the courts may examine how that will impact your financial standing, especially if you are not in line to receive benefits that will help support you going forward.
How Can I Continue to Receive Spousal Maintenance Payments Once They are Awarded?
Generally, our spousal support attorneys must show the court evidence of your complete financial situation, including your existing resources, assets, and overall expenses that factor in your living costs, such as mortgage or rent payments, utilities, groceries, and personal care to obtain a spousal maintenance award.
Once we have, and spousal has been awarded, the goal is to keep it by not making any changes that will eliminate your need for financial support. Changes that jeopardize your eligibility for spousal support in Minnesota may include:
- Cohabitating with a partner
- Employment that exponentially increases your income
It is also a good idea to avoid any quarrels with your ex-spouse, so he or she is not inclined to petition the court for a spousal support modification, which may decrease or stop the payments altogether.
Do You Require Spousal Support as Part of Your Divorce?
If you have questions about how your divorce will affect your finances and are worried your existing financial state will not cover your expenses, contact our family law attorneys today by calling (612) 294-2200 or by contacting us online to learn about your legal rights and options during a divorce, so you can confidently plan for your financial future.