How To Go About Building A Case For Alimony

Divorce can be frightening for a lesser-earning spouse, who, without his or her partner’s financial support, may be unsure about how he or she will go about paying the bills upon divorce. Sharing the marital estate can prove helpful in these situations, but it is often not enough to keep a party financially secure, in which case, he or she may need to start thinking about building a case for an alimony award.

Proof of Need 

Spousal support is mainly intended to be rehabilitative, providing a lesser-earning spouse with financial support until he or she becomes self-sufficient. In order to secure this support, however, a person seeking alimony will need to provide strong evidence of need, including:

• Evidence of necessary expenses, like rent or mortgage payments, utility costs, and food;
• Proof of any expenses related to childcare, such as tuition, daycare, clothing, and food;
• Evidence of the sacrifices made by the petitioner to help the family reach its pre-divorce financial situation;
• Proof of the standard of living enjoyed during the marriage, including bills and receipts for clothing, entertainment, and vacations; and
• Proof that his or her income or financial resources are not enough to maintain the same standard of living or to meet basic expenses.

Besides bills, receipts, and invoices related to expenses, a person seeking alimony will also need to provide proof of his or her income and financial resources in the form of bank account statements, pay stubs, and W-2 forms.

Proof of Ability to Pay 

Besides establishing the need for spousal support, a petitioner will also need to prove that the other spouse does have the financial resources to supplement the lesser-earning party’s income. This in turn, will require evidence of the spouse’s financial records, including income-related documents and investment records. Fortunately, these records should all be disclosed as a part of the discovery process. If, however, you believe that a spouse is hiding assets in an effort to avoid being held responsible for alimony payments, you should speak with an attorney right away, as this type of conduct is not only unethical, but also illegal in Florida and can result in an unfair property settlement and alimony award.

Proof of Preparation and Responsibility 

When building a strong case for alimony, a petitioner should also be ready to provide evidence of his or her financial preparation for post-divorce life. This includes coming up with a budget that highlights anticipated expenses and how those costs will be covered with his or her own income and the help of a former spouse. Such a roadmap detailing what a party needs financially can also lay out plans to become self-sufficient in a few years time, which can prove to a court that a petitioner is not seeking never ending financial assistance, but only help getting back on his or her feet.

Are You Seeking Alimony in Your Florida Divorce? 

Alimony provides many lesser-earning spouses with a financial lifeline after divorce, which is why it’s so important for those who require such assistance, to be prepared to fight for it. To start building a case for alimony during your own divorce, contact experienced Fort Lauderdale alimony attorney Sandra Bonfiglio, P.A. by calling 954-945-7591 today.

Sources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html

forbes.com/advisor/legal/divorce/florida-alimony-support/