How a Divorce Lawyer Can Help You Secure Spousal Support
A divorce may signify the end of a marriage. However, it is also important to note that a divorce doesn’t necessarily end the obligations one spouse has to another. In certain circumstances, you might be entitled to fair financial support from your spouse. The state of Michigan, for instance, allows spouses to demand financial assistance (aka alimony) if the requesting party can prove financial need and the other party can afford to cover those needs.
Rules regarding spousal support vary from state to state. So it only makes sense to have a competent divorce lawyer by your side to overcome these challenges and help you get the spousal support without hassle.
That is exactly what the family law divorce attorneys at the offices of Coppins Law Group in Michigan have done for years now with resounding success. In this article, we would like to explain how a divorce attorney can help you secure spousal support without wasting any unnecessary time and money.
So without much further ado, let’s get started.
1. Know your rights to spousal support
Understanding family law specific to your state can be complicated. As such, most normal folks aren’t aware of the rights they possess… the very same rights that can help them get spousal support. This is where the legal counselling of a seasoned divorce lawyer becomes so instrumental. They’ll help you understand all the factors that a court will take into consideration when determining whether to award alimony.
Those factors could include
- The needs of both spouses
- The financial condition of each spouse
- Both spouse’s ability to work
- Each spouse’s past conduct
- The standard of living of both parties
- The contribution each party made to the marital estate
- Age and health of each spouse
During the initial consultation itself; they’ll clear any misconception you may have regarding spousal support. They’ll make sure you are taking all the right steps, like requesting spousal support in the initial divorce paperwork itself, to dramatically increase your chances of winning alimony.
2. Understand the Full Range of Spousal Support Options Available to You
There’s one way to know all the options you have at your disposal when it comes to spousal support. A good spousal support lawyer can provide you with comprehensive insight into those options.
Typically, there are 4 types of spousal support
1. Temporary Support/Alimony
As the name suggests, this support only lasts for a specific period. The main purpose of this type of support is to help a spouse get back on their feet.
2. Permanent Support/Alimony
This type of support is paid until the other spouse remarries or dies. Even though it is called permanent alimony, the support can only last for a certain period of time until it ends. There is a good chance alimony ends 10 years after separation.
3. Lump-Sum Alimony
Lump-Sum alimony refers to financial payments that are made in one go rather than periodically, like weekly or monthly payments.
4. Rehabilitative Alimony
This is perhaps the most common type of paid spousal support. If the recipient of support is younger than they are supposed to be paid until they enter the workforce or become financially independent.
5. Modifiable Support/Alimony
As the name implies, this type of support can be modified. A change of circumstances must be shown to modify support, which may include increased/decreased income, a change of either party’s earning capacity, a parties remarriage, etc.
6. Non-Modifiable Support/Alimony
Non-Modifiable Support is a monthly support obligation, which the parties agree cannot be modified. Regardless of any change in circumstances the support obligation must be paid. In certain cases, this may be the preferred option, but it is usually for a limited duration.
Remember, all of these options are generally taxable to the recipient (“Payee”), and are tax deductible for the Payor. The spousal support awarded can entail any one or a combination of the above options.
3. Make a Statement about your Current and Future Financial Needs
As we mentioned before, to qualify for spousal support, you’ll have to demonstrate financial need. Based on your needs, the court will determine what amount will be suitable for you to enjoy a reasonable standard of living. A family attorney specializing in spousal support can help you make a convincing statement covering your current and future financial needs.
If you have a child to take care of, then you can count on the child support lawyer or attorney to make a statement that includes the child’s financial needs. Through this statement, a divorce lawyer can devise a winning legal strategy that works in your favour and helps you secure that much-needed financial assistance.
4. Keep a Detailed Record of your Shared Assets
Any property division lawyer will strongly advise keeping a detailed record of your shared assets. You will be required to draft an agreement that entails the division of assets between you and your spouse. If you don’t keep a record of assets, debts, and finances gathered during a marriage, the court will do it for you, and you may disagree with the decision it makes.
To claim certain assets during divorce, you’ll need to provide records or proof that you personally paid for the asset or contributed to its increased value. A divorce lawyer can help you with this so the otherwise stressful divorce procedure is less overwhelming to deal with.
5. Prepare for the Negotiation Process
As with all cases that revolve around divorce, spousal support is also something that can be settled through peaceful mediation or a legal battle in court. A lawyer can help you prepare for the negotiation process and ensure that both parties arrive at a mutual agreement on the amount and duration of payment without taking the battle to court.
Negotiation basically means avoiding rather excruciating court sessions. Most people prefer settling out of court as it is less time-consuming and doesn’t dent your bank balance. A good divorce attorney will aggressively negotiate at your behest with the other party’s lawyer to get you the financial aid you need and deserve.
The Bottom Line
By hiring a family law divorce attorney, you considerably increase your chances of securing spousal support. They can help you, either with peaceful negotiation or aggressive litigation in court, get the financial aid you need to enjoy a reasonable standard of living. Expecting to be rewarded with spousal support without the help of an attorney is like driving on the highway in pitch-black darkness with no headlights on.
Needless to say, good legal representation is key to securing decent spousal support. If you are a Michigan resident who also feels they are entitled to financial support from their spouse, then we suggest giving us at the offices of Coppins Law Group a call right away.
As one of the best law firms in Michigan, Coppins Law Group is home to attorneys specializing in representing people on many matters concerning family law, including divorce. Whether you need the services of a divorce attorney or wish for the assistance of adoption and child custody lawyers, Coppins Law Group is the law firm in Michigan you can trust for excellent assistance.
Call us now to schedule a free initial meeting with our attorneys today.
