Tue. Apr 23rd, 2024

What Should I Prove To Get Spousal Support?

Divorces can result in emotional distress and frustration, and if you are suffering from a financial crisis during the time, it can also add up and create more problems. In such cases, the separated partner can get financial support via their partner from the separation date before the divorce by law. Although some partners might commit fraud after the separation to get financial support, the court has laid down several conditions and elements for legal spousal support.

If the partner does not qualify the conditions for the spousal support, they cannot be financially supported by their partner legally. That’s where a family law attorney monroe, nc, can help by creating a compelling defense so that the partner receives spousal support.

Here are the factors to be proved to get spousal support:


  • A partner can financially support


Although a partner can seek spousal support from their partner after the separation date is announced, the seeking partner should prove that their ex-partner could financially support them. If the partner has a low-income job, it cannot be considered.


  • You do not have the resources to live.


After the dissolution of marriage, if you are left with zero resources and struggling to live, the court can consider it as a valid reason and order your ex-partner to provide spousal support so that you are financially secured and protected.


  • A dependant partner


Suppose you had been an active dependent partner in a marriage, including financial management and daily expenses. In that case, you have to prove to the court that you were entirely dependent on your partner during the marriage, and after legal separation, you cannot support yourself. In such cases, the court can consider that you have been a dependent partner and require spousal support.


  • Taking care of the child


In case the couple who are legally separated had a child from their marriage, the custodial parent can seek spousal support from their ex-partner for the child’s education and needs. The court will most likely consider if a child is involved in the legal separation case.

Therefore, spousal support cannot be easily ordered by the court. They will consider some criteria and factors to ensure that a partner, after legal separation, genuinely cannot support themselves or their child financially. An attorney is always recommended to be approached because the court may not grant spousal support instantly and demands adequate defense strategies, which an experienced attorney can only do.

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