Your financial future hangs in the balance when you’re amid divorce. If you mishandle key legal issues like property division, then you could be left without the wealth that you’ve worked hard to accumulate and that you deserve to keep. But even if you successfully navigate the property division process, you can still face financial difficulties if you’re ordered to pay spousal support. These monthly payments can blow a hole in your budget, leaving you with something less than the standard of living you enjoyed during your marriage.
But there’s no guarantee that you’ll be ordered to pay alimony. In fact, the burden is on your spouse to prove that spousal support is warranted under the circumstances. This means that you have to be prepared to aggressively defend against an alimony request if you want to protect your interests. But how can you do that? Let’s take a closer look.
Tips for defending against a request for spousal support
There isn’t one singular approach to defending against an spousal maintenance request. Instead, you’ll have to tailor your arguments to the facts at hand. That said, here are some tips that may prove helpful in your case:
- Present evidence that your spouse is self-sufficient: Alimony is only meant to support your spouse until they’re able to become financially independent. So, as you enter your spousal support dispute, your spouse is going to try to play up their expenses and their inability to find meaningful work. You might be able to counter their evidence, though, if you can demonstrate that they have the skills and education necessary to find gainful employment and thus become self-sufficient. You might also be able to show that your spouse hasn’t put forth enough effort to look for the employment necessary to provide financial stability. You can even ask the court to assist you in evaluating your spouse’s ability to find appropriate employment and to consider whether they’ve put forth enough effort to secure it.
- Demonstrate your expenses: Remember, the amount of alimony you’re ordered to pay, if any at all, will be largely based on your ability to adhere to that financial obligation. Therefore, if you can show the court that you have your own expenses to contend with that eat away at your income, then you’ll be in a better position to show you don’t have the leftover income necessary to pay for the requested spousal support.
- Consider settlement: Ongoing monthly alimony payments can be incredibly burdensome and costly. But you might be able to escape this ongoing financial obligation by considering alternative forms of resolution. This could include giving up more marital assets or negotiating a lump sum payment.
- Show cohabitation: If your spouse is living with a new love interest, then you may be able to successfully argue to the court that they’re receiving sufficient financial support elsewhere and that you should therefore be off the hook when it comes to alimony. Be diligent in gathering evidence here so that there’s no question that your spouse is in fact living with someone else and is receiving financial support from them.
Be aggressive in defending yourself against a request for spousal support
There’s a lot at stake when your spouse seeks alimony. If you throw together a poorly developed legal argument to combat their request, then you could be ordered to pay large sums that leave you in a difficult financial position. Therefore, it’s imperative that you take the time necessary to build an effective alimony defense. If you want to learn how to effectively do that, then please continue reading our blog and the rest of our website.