People generally expect the financial obligations imposed after a divorce to be simple or at least easy to calculate. Child support for many families can be a straightforward matter. The courts generally rely on state formulas to govern support amounts and ensure they are appropriate based on family circumstances.
When high-asset couples divorce, a request for alimony may necessitate a thorough review by the courts. There is no formula that specifically governs spousal support determinations.
What do the courts do in high-asset cases?
Regardless of how extreme the discrepancy is between the income and separate property of the spouses, the courts generally do not award alimony automatically. One spouse must specifically request financial support from the other.
When reviewing the petition itself, the courts validate that one spouse may require spousal support due to difficulty working or challenges maintaining the standard of living during the marriage after the divorce. The courts consider factors including how long the marriage lasted, the lifestyle of the spouses during the marriage and the health of the spouses.
Those hoping to request spousal support must show that it is necessary and that the other spouse has the ability to pay. Those concerned about paying support may need to provide documentation regarding fluctuations in their income and the potential ability of the other spouse to maintain a reasonable standard of living without spousal support.
Partnering with an experienced spousal support attorney can help people understand what to expect. Developing a well-documented case before going to court can lead to a better outcome when seeking spousal support or responding to a request for support.
