If you’re not careful about how you defend your financial interests in divorce, then you can be run through the wringer, leaving you in a difficult financial position once all is said and done. While the property division process plays a crucial role here, so, too, does spousal support. If the court unequally divides the marital estate or orders you to pay extensive ongoing alimony, then your finances are going to be rocked. That thought can fray your nerves, for sure, but don’t let your fears paralyze you into inaction. Now is the time to start thinking about how to defend yourself against an aggressive alimony request so that you can raise the right arguments in your divorce.
How can you build an effective defense to a spousal support request?
Fortunately, you may have several options here. While the specific approach that you’ll take will depend on the unique facts of your case, here are some general strategies that you might be able to effectively utilize in your situation:
- Lean on a pre-nuptial or post-nuptial agreement: If you’ve negotiated one of these agreements and it addresses alimony, then you can turn to it now while preparing to confront arguments as to its validity. If you don’t have one of these agreements, then you may want to consider putting one in place before pursing divorce.
- Show that your spouse will be financially stable: To secure alimony, your spouse will have to successfully argue that they need financial support because they aren’t self-sufficient. But if you can show that they have the resources to appropriately build the next stage of their life, then there may little to no need for alimony. So, make sure you have a full understanding of your spouse’s financial picture so that you can raise this argument if warranted to do so.
- Highlight difficulties in meeting the obligation: Spousal support will only be ordered if it can be shown that you’re able to pay it. When it comes time to disclose your finances, then, you’ll want to be sure to focus on any financial obligations that may negatively impact your ability to pay spousal support. Your attorney can help you navigate this if your finances are complicated due to business ownership or investments.
- Think about alternative options: Spousal support can be an ongoing obligation that’s taxing on you in the long-term. To escape that burden, you may want to consider negotiating alternative resolution. For example, your spouse might want a lump sum payment or some other assets in exchange for giving up their request for ongoing maintenance payments. Fully consider your options here so that you can use them to your advantage during divorce settlement negotiations.
- Show marital misconduct: If you can show that your spouse acted in a way that brought about the end of your marriage, then they’re going to be in a tougher position to prove that they’re entitled to alimony. While you may not want to air the dirty laundry of your marriage and divorce in open court, you may have to if you can’t use these facts to secure favorable resolution during settlement talks.
Aggressively fight to protect your financial interests in your divorce
There’s a lot at stake in your divorce. A poorly developed legal strategy will leave you vulnerable to losing out on your hard-earned wealth, and it could put you at risk of losing the life you’ve built for yourself. While that may be frightening, you don’t have to let your spouse get the best of you. Instead, you can get to work right now building the effective divorce legal strategy needed to protect your financial positioning as you head into the next chapter of your life.