Getting the Best Settlement Offer for Spousal Support

One of the most controversial part of your divorce proceedings are going to be the issue of spousal support.  It is an issue that must be dealt with before the divorce can be finalized, and one that can cause a lot of headache as well as heartache.  What many couples do not get is that it much easier to come to an amicable agreement with each other than to have a complete stranger (the judge) put together a payment plan in which no one wins.

Here are some ideas about how one can negotiate with their former spouse a fair and equitable amount of spousal support in which would not break one spouse and put the other spouse in a life of poverty.

The first thing to do is to think like a judge.  Spousal support is based on two elements; one is the element of need by the party that is to receive the spousal support and the other element is the ability to pay.   Once these two main mitigating elements are decided, there are smaller things to take into consideration such as how long did the marriage last?  Does the spouse who is requesting spousal support have any other resources available? Are they disabled or have any other health issues that would prevent employment?  Will the custodial parent have to pay child care—and if so, is the custodial parent the parent who is paying or receiving the spousal support?  These are all valid questions that a judge must take into account when making a determination of a fair spousal support amount.  Another question a judge may ask is, did the employed spouse work to put the unemployed spouse through school, in which that person now has the education and capability to get a better paying job than the spouse who is currently employed? In which, if the answer is yes—spousal support would have to be re-visited at the time in which said spouse found employment. 

You or your soon-to-be-ex-spouse are going to have to convince the judge that you are only able to pay a certain amount for spousal support.  Therefore, you need to get all the supporting evidence together, and provide a budget of all incoming and outgoing monthly income.  When estimating you long term needs, do not forget to figure in that pesky little thing called inflation.  The judge also takes into context the lifestyle the couple lived together and wants both parties to have the ability to sustain that lifestyle as separate individuals, through the assistance of spousal support payments paid to the lesser fortunate of the two. 

No matter how well you are at negotiating, it is always best to get the assistance of a qualified attorney to help with the negotiating.  Attorneys know how to talk to judges—it is what they do all day for a living.  You can give an attorney in your area a call and schedule a consultation appointment as soon as possible, to see what their team of attorneys can do to assist you.  
Getting the Best Settlement Offer for Spousal Support Getting the Best Settlement Offer for Spousal Support Reviewed by Rajesh on January 16, 2018 Rating: 5

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