Blogs from January, 2024

Most Recent Posts from January, 2024

Exploring Financial Dependency in Divorce


Navigating Financial Dependency in Divorce: A Guide for Spouses

Divorce is a complex and emotionally taxing process, and the stakes are even higher when one spouse is financially dependent on the other. When one spouse is employed and the other isn't, courts can award spousal maintenance, also known as alimony or spousal support. This financial support helps the non-working spouse maintain a similar living standard as they enjoyed during the marriage. While this might seem unfair to the working spouse, the court's objective is to ensure the non-working spouse isn't left destitute and unable to meet their basic needs. This blog post aims to shed light on the financial aspects of divorce, with a focus on spousal maintenance, when it's awarded, and the factors courts consider in these decisions.

Are You Entitled to Spousal Support?

Spousal support is usually granted when one party has a greater earning potential or assets than the other. Historically, men were often the primary earners, leaving women, who were typically homemakers, at a disadvantage. However, courts have recognized the value of homemaking services and aim to address such disparities equitably.

The court considers various factors when deciding on spousal support, including:

· Duration of the marriage

· Standard of living during the marriage

· Any prenuptial or marital agreements promising compensation for career contributions

· Both parties' financial resources (after asset division)

· The receiving spouse's potential job training or education needs

· The earning capacity of the spouse seeking support, considering factors like length of absence from the job market, skills, education, and experience

· Whether the receiving spouse is responsible for the couple's children

· Relevant tax consequences

· The age, physical, and mental health of both spouses

A non-working spouse may receive spousal support if they wouldn't be financially stable without assistance. Sometimes, this support is temporary, allowing the spouse to gain education or training to improve their employability. Alternatively, spousal support can serve as reimbursement for sacrifices made during the marriage, such as supporting the other spouse's education or career.

Why You Need an Attorney When Fighting for Spousal Support?

Navigating a divorce is challenging, even more so when you're unemployed or dealing with an underemployed or non-working spouse. This situation introduces additional complexities that require an experienced hand to manage effectively.

Here's why you should trust an experienced divorce attorney to help you fight for spousal support:

· Extensive Experience: Our firm brings years of experience to the table, offering services that go beyond basic legal advice. We understand the emotional toll of a divorce and are committed to providing compassionate, personalized service to each client.

· Comprehensive Understanding of Divorce Laws: We have a deep understanding of divorce laws and can guide you through the labyrinthine legal process. Our team stays updated on any changes in legislation to serve you better and ensure your rights are protected.

· Proven Track Record: Over the years, we've helped many clients achieve favorable outcomes in their divorce cases. We're proud of our track record and confident in our ability to handle complex cases effectively.

· Personalized Attention: Every divorce case is unique, and we believe in giving each client the individual attention they deserve. We will take the time to understand your specific circumstances and tailor our approach to meet your needs.

· Commitment to Protecting Your Rights: Above all, we are committed to fighting for your rights. Whether it's negotiating spousal support, dividing assets, or handling child custody disputes, we will strive to secure the best possible outcome for you.

To navigate these complexities, it's crucial to consult with a legal professional who can present your case effectively. If you require further information or wish to schedule an initial consultation, please contact us online or call us today.

Call Mark K. Hinshaw Today to Fight for Spousal Support in Iowa

Choosing the right divorce attorney can make a significant difference in your divorce process. Trust Mark K. Hinshaw to provide the guidance, support, and advocacy you need during this challenging time. Choosing Mark K. Hinshaw as your Des Moines divorce attorney offers the assurance of working with a seasoned professional who understands these intricacies and knows how to advocate for your rights.

To learn more about our services and schedule an initial consultation, please contact us online or call us today at (515) 200-7571. We look forward to assisting you.