Understanding Spousal Support Attorneys: How They Work & What They Consider
When a couple gets divorced, one spouse may be required to financially support the other for a certain period. This financial support is called spousal support or alimony. The goal is to ensure that the lower-earning spouse can maintain a stable lifestyle after separation.
Spousal support is not automatically granted—the court decides based on various factors. That’s where spousal support attorneys come in. They fight for fair alimony, ensuring their clients either receive or pay a reasonable amount.
Table of Contents
Factors Considered by Spousal Support Attorneys
When handling a case, spousal support attorneys focus on key financial and personal factors to determine how much support should be given and for how long.
1️⃣ Duration of Marriage
- Short marriages (less than 5 years) may result in temporary spousal support.
- Long-term marriages (10+ years) often lead to long-term or lifetime alimony.
Example:
A couple divorcing after 18 years of marriage may have permanent spousal support awarded to the lower-earning spouse.
2️⃣ Income Difference Between Spouses
- If one spouse earns significantly more than the other, spousal support is more likely.
- Courts consider bonuses, side income, and business profits in calculations.
Example:
A wife earning $10,000 per month and a husband earning $2,000 per month will likely have alimony payments ordered in favor of the husband.
3️⃣ Standard of Living During Marriage
- Courts try to maintain the lifestyle the couple had before separation.
- Attorneys argue based on vacations, house expenses, luxury items, and daily spending habits.
Example:
If a couple frequently traveled internationally and owned a luxury home, the lower-earning spouse may be granted a higher alimony to maintain that lifestyle.
4️⃣ Employment & Future Earning Potential
- If a spouse gave up their career for family responsibilities, they might be entitled to support.
- If the receiving spouse can easily find a job, alimony may be reduced.
Example:
If a wife quit her job to raise children for 15 years, she may receive spousal support until she can find stable employment.
5️⃣ Health & Age of Each Spouse
- Older spouses or those with medical conditions may require permanent alimony.
- Younger, healthy spouses may only receive temporary support until they become financially independent.
Example:
A 62-year-old husband with health issues who cannot work may receive lifelong spousal support.
6️⃣ Child Custody & Financial Responsibilities
- If one spouse has primary custody of children, alimony may be adjusted.
- Courts consider childcare expenses, schooling, and medical care.
Example:
A father who has sole custody of three children may receive additional spousal support to help cover child-rearing costs.
🔹 How Spousal Support Attorneys Work on Cases
1️⃣ Initial Consultation
- Attorneys gather financial records, lifestyle details, and marriage history.
- They explain state laws and whether the client is likely to receive or pay alimony.
2️⃣ Gathering Required Information
Spousal support attorneys require:
✔ Tax returns & pay stubs (proof of income)
✔ Bank statements & property records (assets & liabilities)
✔ Monthly expenses (housing, food, utilities, travel)
✔ Prenuptial/postnuptial agreements (if any exist)
✔ Medical reports (if a spouse has health issues)
3️⃣ Calculating Spousal Support
- Attorneys use spousal support calculators to estimate fair payments.
- They consider state laws—some have fixed formulas, while others allow judges to decide case by case.
Example:
In California, alimony is roughly 40% of the higher earner’s income minus 50% of the lower earner’s income.
4️⃣ Negotiating Settlements
- Most cases settle outside court through mediation.
- Attorneys negotiate for higher or lower payments based on the client’s needs.
Example:
If a husband refuses to pay $5,000 per month, attorneys may negotiate for $3,500 instead of going to trial.
5️⃣ Going to Court (If Necessary)
- If both parties cannot agree, the case goes to family court.
- Attorneys present financial documents, witness testimonies, and expert evaluations.
How Long Does It Take to Resolve a Spousal Support Case?
The duration depends on:
✔ Mutual agreement – Can be resolved in a few months
✔ Disputes & court trials – Can take 1-2 years
✔ Appeals & modifications – May take several years
Example:
A couple agreeing on temporary spousal support may finalize in 3 months, while a highly contested case with hidden assets could take over a year.
The time required to resolve a spousal support (alimony) case depends on various factors, including mutual agreements, legal disputes, and court involvement.
1️⃣ Quick Resolution (3 to 6 Months) – If Both Parties Agree
- If both spouses agree on spousal support terms, the process is faster and smoother.
- The court simply reviews and approves the settlement.
- Mediation can help finalize alimony within a few months.
🔹 Example: A couple agrees that the husband will pay $2,500 per month in alimony. Their lawyers draft an agreement, and the court approves it within 4 months.
2️⃣ Moderate Resolution (6 Months to 1 Year) – If Some Disagreements Exist
- If spouses disagree on the amount or duration, negotiations take longer.
- Financial disclosures (income, expenses, assets) must be reviewed.
- Mediation may be mandatory before going to court.
🔹 Example: A wife requests $5,000 per month, but the husband offers $3,000. Lawyers negotiate, and after 9 months, they settle at $4,000 per month.
3️⃣ Long Resolution (1 to 2+ Years) – If the Case Goes to Trial
- If negotiations fail, the case goes to family court.
- Court cases involve witnesses, financial experts, and legal hearings.
- Delays happen due to court backlog, hidden assets, or contested claims.
🔹 Example: A wealthy business owner hides income to avoid paying alimony. The case takes 2+ years to investigate and resolve in court.
Can an Individual Fight a Spousal Support Case Without a Lawyer?
Yes, an individual can fight a spousal support case without hiring a lawyer, but it is challenging.
✅ When Can You Handle It Yourself?
- If both spouses mutually agree on alimony terms.
- If you have a clear understanding of state laws and financial calculations.
- If your financial situation is simple (no complex assets).
🔹 Example: A couple with no children, no shared assets, and a short marriage may settle alimony with basic paperwork.
❌ When Should You Hire a Lawyer?
- If your spouse has legal representation and you don’t.
- If there are disputes over income, property, or hidden assets.
- If the state laws are complex and require expert knowledge.
🔹 Example: If a husband owns multiple businesses and claims low income, a lawyer is needed to uncover real earnings.
How to Fight a Spousal Support Case Without a Lawyer?
🔹 1️⃣ Learn Your State’s Alimony Laws
- Each state has different rules for spousal support.
- Research how courts calculate alimony in your state.
🔹 2️⃣ Gather Financial Documents
- Bank statements, tax returns, and income proof are crucial.
- Use online spousal support calculators to estimate payments.
🔹 3️⃣ File Legal Paperwork Properly
- Submit necessary court forms for requesting or contesting alimony.
- Errors in paperwork can delay or weaken your case.
🔹 4️⃣ Consider Mediation
- A neutral mediator can help you negotiate a fair alimony settlement.
- Mediation is cheaper and faster than going to court.
🔹 5️⃣ Be Ready to Represent Yourself in Court (If Needed)
- If the case goes to trial, prepare clear financial arguments.
- Present evidence logically and professionally to the judge.
🔹 Success Rate of Winning Alimony Cases
- Cases with clear financial imbalance have higher success rates (70-80%).
- If both spouses earn similar incomes, spousal support may not be awarded.
Example:
A husband earning $15,000/month and a wife earning $3,000/month has a high chance of winning spousal support.
🔹 Top 5 Spousal Support Attorneys in the U.S.
1️⃣ Laura Wasser – High-profile celebrity divorce attorney
2️⃣ Randall Kessler – Expert in spousal and child support cases
3️⃣ Lisa Helfend Meyer – Specializes in complex divorce settlements
4️⃣ Brian D. Perskin – Experienced in handling high-asset alimony cases
5️⃣ Evan Schein – Known for aggressive litigation in alimony disputes
🔹 What Special Education Do Spousal Support Attorneys Require?
Unlike general lawyers, spousal support attorneys need specialized knowledge in:
1️⃣ Family Law & Divorce Regulations
- Understanding state-specific alimony laws
- Studying precedents in spousal support cases
2️⃣ Financial & Tax Implications
- Calculating fair spousal support payments
- Understanding taxable & non-taxable alimony
3️⃣ Mediation & Negotiation Training
- Resolving disputes outside court
- Helping clients agree on fair settlements
🔹 Final Thoughts
Spousal support attorneys play a crucial role in ensuring fair financial arrangements after divorce. They analyze incomes, lifestyles, and future needs to negotiate the best possible outcome for their clients. The duration and success rate of a case depend on financial transparency, cooperation between spouses, and legal expertise. If you’re going through a divorce, hiring an experienced spousal support attorney can help you secure your financial future.