5 Things to Consider When Hiring a Spousal Support Lawyer
When it comes to divorce, many people think that they can handle it on their own. The truth is that only about 10% of divorces are handled without a spousal support lawyer. If you’re struggling to meet your financial obligations and you have yet to file for spousal support, it’s a good idea to engage the services of a spousal support lawyer. The court will decide how much spousal support is fair during the divorce proceedings. The court will also consider whether the spouse who earns more money should pay more of the bills and contribute to child care or if it should be 50/50. Here are 5 things to consider when hiring a spousal support lawyer for your divorce case.
Do You Need a Spousal Support Lawyer?
It’s important to get a spousal support lawyer to make sure your divorce is fair and that you receive what you need. When it comes to spousal support, there can be a fair amount of confusion on what is fair and reasonable.
Deciding on what spousal support is fair and reasonable during the divorce proceedings can be tough. A spousal support lawyer will help you evaluate the details and prepare documents that will allow you to acquire the spousal support ruling you are looking for.
What are Fair and Reasonable Terms of the Order?
Courts consider a variety of different factors when deciding whether to award you or your spouse with a spousal support order. While child support arrangements are often deciding using a structured formula, spousal support orders are not as simplistic. When deciding on your spousal support case, the spousal support lawyers and court officials will review a number of different factors, including the spouse’s age, health status, emotional wellbeing, and financial stability.
The courts will likely also consider the amount of time you spent married, with longer marriages typically garnering larger spousal support amounts. If one spouse makes a significantly larger amount of money, that will be taken into account too.
What Amount is Fair?
What is fair is to be decided by the courts, but a spousal support lawyer can help you understand how they make their decision. With a lawyer at your side, you will have more insight into the deliberation process, allowing you to make better judgments when submitting documents to the court. Some documents may include paperwork that explains how much money each spouse is capable of earning in any given month and what their expenses are.
The court will be making an assessment to determine what amount of money the higher earner must contribute to ensure that the other spouse is able to maintain their current lifestyle.
Can You Manage Your Finances Yourself?
If you are being asked to pay spousal support, the court must be able to prove that you will be able to afford to support yourself after you’ve been ordered to make alimony payments. Your spousal support lawyer will help you ensure that the court recognizes your true expenses, increasing the likelihood that you will be ordered to pay a reasonable amount in spousal support.
How Long Should the Order Last?
If you are ordered to pay spousal support, the courts will use a loose formula to determine how long you will be required to pay. In New York, as of 2016, any marriage lasting up to 15 years will warrant spousal support periods ranging between 15% to 30% of the total marriage length. Marriages lasting 15 to 20 years will warrant spousal support ranging from 30% to 40% of the total marriage length.
Marriages lasting more than 20 years will warrant support ranging from 35% to 50% of the total marriage length. A spousal support lawyer can help you obtain an acceptable spousal support arrangement that lasts for a manageable length of time.
Speak To A Spousal Support Lawyer in Rochester
If you are going to divorce soon, seek aid from a spousal support lawyer. For the lower-earning spouse, we can help you arrange enough spousal support to allow you to maintain your current lifestyle.
If you are the higher-earning spouse, we can help you ensure that your spousal support payments are not overbearing. To get started, schedule a confidential consultation with our experienced Rochester divorce lawyer.
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