10 Questions to Ask a Spousal Support Lawyer

Before you hire a spousal support lawyer, there are some important questions you should ask. Here's what you need to know about finding the best spousal support lawyer for you.

If you and your spouse are separating or divorcing, one of you may be entitled to spousal support, also called alimony. Spousal support is money paid by the higher earning spouse to help their former partner maintain their standard of living and/or become self supporting.

Spousal support can be one of the most complicated and contentious parts of a separation or divorce. An experienced spousal support lawyer can guide you through the process, advocate for you in negotiations or court, and help you arrive at an order that is fair to you.

Top 10 questions to ask an alimony attorney

A spousal support attorney is also known as a family law attorney, a divorce attorney, or an alimony attorney. Most offer a free or low-cost initial consultation to potential new clients. Here are key questions to ask at your first meeting.

1. How much experience do you have with spousal support cases?

It's essential to have an attorney with experience and education in family law. Lawyers who focus on spousal support or alimony understand the law and the divorce process. They know the local family court judges and how they’re likely to determine alimony. They know how to negotiate effectively with the other spouse’s attorney, and they may have innovative solutions based on past experience. 

2. What are the key factors for determining spousal support in our state?

Alimony provides financial security for the lower earning spouse during and after divorce. When a couple separates, one spouse may ask for spousal support (also called “temporary spousal support”) to maintain their usual standard of living. If the marriage ends, a court may order spousal maintenance (also called permanent spousal support).

Spousal maintenance is awarded based on a long list of factors that can vary by state. The following factors are considered by courts in determining spousal maintenance in most states: the spouses’ income, earning capacity, standard of living, other assets, age, health, and the duration of the marriage. Getting accurate information from a lawyer helps you avoid agreeing to pay more or receive less than you should be entitled to.

3. How do you approach alimony negotiations?

In a contentious divorce or separation, you may need an aggressive negotiator who will go to battle for you. But if you and your spouse are largely in agreement, an aggressive approach can backfire. You may just need a lawyer to advise you and document the parties' agreement. Make sure your lawyer’s style is a good fit for your situation.

4. Can you estimate what my case will cost?

Most divorce lawyers charge by the hour. Your attorney should tell you the hourly rate, how much you’ll need to pay upfront as a retainer, and whether you’ll be responsible for payment of any other costs. It may be hard to estimate a total cost because divorce proceedings can easily become more complex and contentious than you expected.

5. What are my chances of receiving or having to pay spousal support, and for how long?

Your lawyer should be able to give you a general idea of your chances of receiving or being ordered to pay alimony and for how long. Usually, spousal maintenance is awarded for a limited time, based on the length of the marriage and/or how much time the receiving spouse needs to become self supporting.

6. Is there anything I can do to improve my position?

A major advantage of a good alimony lawyer is they can suggest ways to bolster your position and help you avoid mistakes that will hurt you. A lawyer can also suggest steps to take to protect yourself financially.

7. How long will the spousal support process take?

Most spousal support cases begin when one spouse asks the court to award temporary support. Because this type of support is focused on the lower earning spouse’s immediate financial needs during the separation period, it’s usually awarded fairly quickly. Your lawyer should be able to give you a time frame.

Estimating a time frame for spousal maintenance may be harder because maintenance is resolved with other divorce issues like child support and equitable distribution of marital property. Divorce time frames can vary greatly. Some states have a minimum waiting time before a divorce can be finalized.

8. What information will you need from me?

To assist you effectively, your lawyer may ask for information related to your income, financial situation, age, education, children, and circumstances surrounding your marriage and separation. Ask about the kind of information your lawyer needs and how and when you’ll need to provide it.

9. What happens if my financial situation or my ex’s financial situation changes significantly?

You may be able to modify spousal maintenance if either of the spouses has a substantial change in financial situation, including a change in ability to work or make payment. Your lawyer can explain the factors courts consider in your state.

10. What level of communication should I expect from you?

This question will help you set appropriate expectations of your lawyer and make you feel more comfortable reaching out. Ask how often you should expect to receive communications, how your lawyer likes to communicate, and whether there’s another contact person such as a paralegal. Ask about the best way to get in touch to ask questions or receive a status update.

What a spousal support attorney will do for you

A family law attorney can see you through the entire divorce, handling the legal side of things so you can focus on other important issues in your life. Here’s what you can expect from your attorney.

• Client assessment: Your lawyer will first need to understand your situation, including the duration of marriage; standard of living during the marriage; and your and your spouse’s income, earning capacity, marital property, children, and need for or ability to make spousal support alimony payments.
• Legal guidance and communication: A lawyer will advise you on your rights under the law and how a judge is likely to view your case. Your attorney should also keep you informed, providing updates and explaining court rulings and legal procedures.
• Negotiation: A lawyer will negotiate with the opposing party or their attorney to try to reach an agreement on a fair amount and duration of spousal maintenance payments. In most cases, a negotiated agreement is less expensive and more satisfying than having a judge determine support.
• Documentation and filing:  Your lawyer will ask for documents related to your financial situation and will take care of the required exchange of financial information with the other spouse. A lawyer also will prepare and file legal documents related to temporary spousal support and spousal maintenance, such as petitions and settlement agreements.
• Court representation: Your attorney will represent you in court proceedings.
• Enforcement and modification: A lawyer can assist with the enforcement of spousal maintenance orders if the paying spouse fails to make payments. A lawyer can also handle modifications of support orders when there are significant changes in circumstances.
• Ethical and professional conduct: Lawyers must abide by a strict code of professional conduct. This includes obeying the law, providing truthful information to opposing parties and courts, and keeping all communications with clients strictly confidential.

How to find a spousal support lawyer

Spousal support is a complex area of law that can trigger strong emotions, so it’s important to have an experienced lawyer with whom you feel comfortable. Here are some ways to find one.

Ask for recommendations

If you have friends, family, or coworkers who have been through a divorce, ask them if they’d recommend the attorney they used.

Look for spousal support or alimony attorneys near you

Do a web search for “family lawyer” or “divorce lawyer” in your locality. Or, contact your local bar association and ask if it has an attorney referral service.

Search LegalZoom’s online attorney directory

An easy way to find an alimony lawyer is by searching LegalZoom’s attorney directory, which includes lawyers in a variety of legal specialties. Legal plan members get a free initial consultation with a lawyer in their states and a discounted rate on ongoing services. 

FAQs

How do I choose a spousal support lawyer?

It’s best to select a spousal support lawyer who handles divorce cases regularly. These lawyers are familiar with both the law and the way a local judge is likely to rule. Choose someone you’re compatible with and who will keep you up to date on the status of your case.

What should I bring to my first meeting with a spousal support lawyer?

When you make your appointment, ask if there’s anything you should bring. You can expect your lawyer to ask about your personal and financial situation. Your lawyer will also want to see any court papers that have been filed. Bring a notebook and pen so you can take notes.

When should I contact a spousal support lawyer?

Contact a lawyer right away if:

• You’re considering separation or divorce
• Your spouse has told you they want to separate or divorce, or you’ve been served with legal documents
• You’ve been awarded spousal maintenance or are making spousal maintenance payments, and there’s been a change in financial circumstances

Waiting to contact a lawyer can be costly because you may not fully understand your rights and may unwittingly say or do things that damage your position.