What to do if you need money from your spouse during a divorce
- juittjacksonlaw
- May 31, 2022
- 3 min read
Temporary support is paid while the divorce is pending. The judge can decide on temporary support at the same time as the judgment of divorce or any time before then.
Permanent support is paid after the divorce is final. It usually ends if you remarry or your spouse dies, but it can continue in rare cases if you remarry and later get a divorce. You cannot get permanent spousal support until 90 days after the date of your marriage license (the filing date). You can ask for both types of spousal support at the same time.
You must ask for permanent spousal support within a certain amount of time, or you may waive your right to receive it. This period depends on whether you are asking a judge to order your spouse to pay permanent spousal support now.
FACTORS FOR SPOUSAL SUPPOR
· Standard of living [1]
· Duration of Marriage
· Physical Conditions of Parties
· Financial Status of parties[2]
· Employment Status or Need for Employment
· Contribution to the Marriage[3]
· Any other factors that may be unique to the divorcing couple
Figure out how much support you'll need.
Establish your monthly budget. Before you can determine how much support you'll need, you'll have to figure out what all of your expenses are. Add up each of your bills and divide by the number of months in the year: mortgage or rent, utilities (gas, electricity, water), groceries, car payment(s), insurance payments, credit card debt payments, and any other debts. Don't forget to include savings into this total as well.
Use a program such as [Personal Capital](http://www.personalcapital.com/) or Quicken to help keep track of your budget and expenses in real-time. This will help you adjust in case things come up that weren't planned for originally (which they often do!).
Include everything necessary but don't be greedy. You want to make sure there's enough for all of your needs without "splurging" on anything extravagant that isn't necessary—like money for vacations! Talk with an experienced divorce attorney about what monthly expenses should be included within a reasonable budget amount. They also can discuss how you might handle unexpected expenses that arise during the process so you don't find yourself asking for more money from an ex who probably doesn't want to give it!
Have a conversation with your spouse (if he has no attorney) and your attorneys.
Once you’ve got a clear picture of your financial situation, have a conversation with your spouse and your attorneys. It’s important to have any agreements made during the divorce process put in writing, so having both attorneys present can save time and help prevent misunderstandings (and ultimately, legal battles) later on.
Make sure you’re prepared for this meeting by coming up with a list of questions, such as:
What are my options?
How long will it take to get the additional money I need?
How will these funds impact my future settlement?
Are there any other choices that I should consider before making an agreement?
The more information you have going into this conversation, the better decisions you can make about whether or not to proceed with a potential agreement. Don’t be afraid to take notes and ask for clarification!
Calling a mediator or settling on your own might be the best way to go about this.
A divorce doesn't just mean an end to your marriage—it can also mean the start of a potentially long and costly legal battle. Here are some tips for getting the money you may need from your spouse during a divorce.
Call a mediator or settle on your own.
Going to court isn't the only way to resolve disputes over finances, assets, and property—a mediator can help both parties reach an agreement without going before a judge. It's not always easy, but it is often less expensive than hiring lawyers and letting them fight it out in court. If both parties are willing to cooperate, this method is also more likely to result in an amicable relationship post-divorce, which can be important if there are children involved. However, mediation does require communication rather than isolation between the soon-to-be exes—if that isn't possible with your situation, then you'll have little choice but to go through the courts so they can decide what's fair for you.
However, an attorney can help navigate the different laws. They can also assist on what is reasonable or unreasonable to ask for. If you need assistance, you may give us a call a (404) 654-3782.
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