Just because you are getting a divorce with help from a Las Vegas divorce attorney, it does not mean you are automatically entitled to alimony or spousal support. There are several different things the court will look at to determine your eligibility. Among these is your ability to support yourself financially. Where some women make a serious mistake is to assume this means in their current lifestyle that they have been accustomed to during the marriage. This is not always the case, and, in certain cases, as long as the woman is employed and earning enough to cover her living expenses with a little bit of residual income left over every month, then the court could determine there is no need for spousal support.
The court evaluates what type of spousal support a woman is entitled to receive by looking at several factors. The support could be temporary, awarded in a lump sum, included as part of the divorce settlement and division of marital assets, or long term for a specified period of time. Some of the numerous factors the court uses to determine eligibility and the amount of support to be paid include:
- Where You Live – Every state sets its own guidelines in regards to alimony and how much and what you could potentially receive.
- Your Age – If you are younger, then do not expect spousal support for a long period of time, as you are still employable. On the other hand, if you are older, then you are more likely to receive support for an extended period of time.
- Length of Marriage – Some states have marriage length requirements where you must have been married a certain number of years before spousal support can be included as part of the divorce proceedings.
- Prenuptial “Prenup” Agreements – More and more people are signing prenuptial agreements which outline what each person is entitled to receive in the event of a divorce, such as alimony and the terms and conditions for receiving it.
- Support Period – The length of support may be limited to the number of years you were married. In addition, if you remarry while receiving alimony, do not expect the payments to continue.
- Terms of the Divorce – The terms and conditions for your divorce might prevent you from receiving spousal support.
- Equality for All – In today’s society, in some households the woman is the primary wage earner, while the man stays home to raise the children. If you were the primary earner in the marriage, you may have to pay your ex-husband spousal support.
To determine whether you qualify for spousal support, it is important for you to provide your divorce lawyer in Las Vegas with as much information and documentation as possible. By being upfront with your lawyer, it will help avoid uncomfortable situations later, in court, and could be the difference between being awarded alimony and having it denied. For more information about spousal support and assistance with starting divorce proceedings, contact McFarling Law Group today by phoning 702-565-4335.