Tailored Services, Insightful Advice

Tailored Services,
Insightful Advice

Can you seek alimony as a stay-at-home dad?

On Behalf of | Oct 28, 2022 | Divorce

From a financial perspective, there’s a lot on the line in your divorce. The outcome of your property division dispute can dictate your financial stability for years to come, but you might also be wondering about how spousal support may come into play in your case. If you’ve been a stay-at-home dad, you might be under the impression that you’re less likely to recover the financial support that you need while you focus on getting back on your feet.

But don’t let the common misconception that alimony is only meant for women deter you from seeking the support that you need and deserve. In fact, the laws pertaining to spousal support are gender neutral, meaning that you have just as much right to recover alimony as a similarly situated woman.

Building your case for spousal support

Of course, you’re not going to be automatically granted alimony. Instead, you’re going to have to convince your spouse or the court that you’re entitled to support. How do you do that? The only way is to look at the factors to be considered under the law and present evidence that speaks to them. This includes looking at and appropriately addressing each of the following:

  • The length of your marriage
  • Each spouse’s earning capacity
  • The marital standard of living
  • Sacrifices made during the course of the marriage

Keep in mind, too, that the court generally has the ability to consider any other factors that it deems relevant to its determination. That gives you a lot of leeway to craft arguments that you think will best position you to recover the compensation that you need and deserve.

Proving key factors

There are some key factors where you’ll want to beef up your evidence. For example, if you feel like you made significant sacrifices to support your spouse during your marriage, you’ll really want to highlight that in your divorce case. This may include showing how you gave up an education or your career in order to take care of your children or otherwise support your spouse while she furthered her education or developed her career.

The more detailed you can be in this regard, the better. So, here you may want to turn to your own testimony and even documentation and expert testimony about what you would’ve earned if you had continued to educate yourself and work during your marriage.

Another key aspect of your case is the marital standard of living. This is an all-encompassing look at how you and your spouse lived during your marriage and may include everything from your house, your car, your clothes, your dining and your vacations. Debt-driven lifestyle choices won’t be included in the analysis, though, so you’ll want to make sure that you’re looking at your marital standard of living properly before presenting evidence. Again, your own testimony can be powerful here, but so, too, can photos, financial records, receipts, and testimony from friends and family members.

Are you ready to build your case for spousal support?

We know that you’ve got a lot to think about and deal with as you navigate your divorce. But focusing on property division and alimony may be key to your post-divorce success. That’s why you want to make sure that you’re giving these issues the amount of attention that they deserve. If you want to ensure that you’re approaching them as aggressively as possible, you might want to discuss your situation with a legal team that you feel comfortable will fight for the outcome that you deserve.