Rockville, MD High-Net-Worth Alimony Attorney
Aggressive Spousal Support Lawyer Fighting for You in Rockville, MD
Finances should not be a barrier to divorce. If you have considered filing for divorce, but are concerned about supporting yourself afterward, spousal support may help you. In a high-asset marriage, it is very common for one spouse to devote his or her full-time efforts to maintaining the household and raising the children, allowing the other to focus on career-building. If you had not stayed home to do these things, your spouse would have had much less time and energy to devote to his or her career. Even if you earned some income during your marriage, you likely made substantial sacrifices for the sake of your family.
Diamant Gerstein, LLC is highly experienced in high-net-worth divorce. We believe that you should not have to sacrifice your standard of living because you chose not to remain in the marriage. In many cases, we are able to negotiate favorable spousal support agreements out of court in uncontested divorces. However, we are also skilled litigators and will aggressively pursue spousal support for you if you will be contesting the divorce.
Two Paths to Alimony
You can win spousal support either through litigation or out of court, through negotiation. Negotiating alimony can be challenging, as few people are willing to keep supporting their ex-spouse after the divorce without a fight. However, it can be done - and can even sometimes result in higher payments or a longer term of payment than a court might have ordered. Having the right attorney to represent you in negotiation is crucial. The threat of a litigated divorce often encourages high-earning spouses to agree to alimony, but you must be prepared to follow through.
Spousal support is a frequently litigated issue. Your attorney will likely recommend preparing for litigation on this issue from the outset of your divorce, especially if your spouse is a narcissist or otherwise unlikely to be fair to you in this regard.
What if My Prenuptial Agreement Precludes Alimony?
Having a prenuptial or postnuptial agreement that says you are not entitled to alimony is not always an absolute barrier. These agreements can be discarded if they are unconscionable, or drastically unfair. If you are not able to support yourself or would experience extreme hardship after divorce based on the terms of your agreement, your lawyer might be able to have the court disregard these terms. The same is true if you were coerced into signing it.
Showing Your Spouse's Fault in the Divorce
Maryland is somewhat unique in allowing the court to consider whose fault the divorce was when deciding whether to award alimony, and if so, how much and for how long. If your spouse was unfaithful, abusive, addicted to drugs or alcohol, or had abandoned the family, you may be more likely to receive the spousal support you are asking for.
Emphasizing Your Noneconomic Contributions
It is important to show the court how you contributed to the marriage in non-monetary ways. Our attorneys can help to paint a picture for the court showing the amount of work you put into maintaining your household, raising your children, helping your spouse with his career, or other activities that benefited the marriage.
Showing Disparity in Earning Capacity and Financial Resources
The court will consider how your earning capacity compares to your spouse's and what financial resources each of you have available. We will look at the complete picture of your individual financial situation compared to your spouse's. The longer you have been out of the workforce, the more difficult it would likely be for you to rebuild a career at this stage in your life.
Contact a Rockville, MD High-Asset Divorce Lawyer
Diamant Gerstein, LLC is committed to helping you receive the highest amount of spousal support possible. Our aggressive Rockville, MD alimony attorneys will do all we can to maximize your award. Contact us at 301-560-2685 for a confidential consultation.