How Likely Are You to Get Spousal Support?

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When first beginning to go through divorce proceedings, many of our clients ask us the same question: "Am I eligible for spousal support?" This is a delicate question that involves many factors, and every case is different, so it's important that you discuss the matter with your divorce attorney. However, there are at least two qualifications that you must meet in order for you to be considered eligible for alimony or spousal support.

  1. Dependency: You must be able to prove that you are largely dependent on your spouse's income if you want to be eligible to receive a portion of that income after divorce. This means that you are not able to support yourself by any other means, and would be in dire straits if you did not receive alimony.
  2. Loss of Income: This is an interesting point to prove, as you must be able to show that, had you not been prevented from working due to home duties, you could have supported yourself. This usually is the case when one spouse leaves the workforce to provide care for children at home. If you can prove that your spousal duties prevented you from working, you may be eligible for support.

As already explained, even if you meet these two qualifications, every case is different, so it's important that you go over your rights and expectations with a qualified divorce attorney.

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