Can a Man Be Awarded Spousal Support?
Spousal support, also known as alimony, is commonly awarded during divorce proceedings to provide financial assistance for the lesser-earning spouse. Traditionally, spousal support has been awarded to women as they were often seen as homemakers and not primary earners in a marriage. However, as societal roles have shifted and more women are entering the workforce, there has been a growing trend of men being awarded spousal support.
Both parties in a divorce should understand how Nebraska law treats spousal support claims. This blog will explore how men can seek and potentially be awarded alimony in divorce settlements.
Understanding Spousal Support in Nebraska
In Nebraska, spousal support is not automatically granted due to gender. Instead, it's based on need and financial disparity between the spouses. The goal of spousal support is to make sure neither party is unfairly disadvantaged post-divorce, making spousal support a viable option for men as well as women.
As we consider the potential for men to receive alimony, it’s essential to delve into the factors that significantly impact the court’s decision. The courts in Nebraska do not discriminate based on gender and evaluate each case on its own merits. Let's consider some pivotal factors:
Factors Considered for Awarding Spousal Support
Several factors may be considered by a court when determining if spousal support should be awarded to a man during divorce proceedings. These factors may include:
Duration of the marriage: The length of the marriage plays a critical role in spousal support determinations. Longer marriages tend to have more intertwined economic partnerships, making spousal support more likely. In a long-term marriage, a man who faces a divorce may have substantial claims to seek financial support.
Earning capacity and income disparity: A major determinant in spousal support cases is the earning capacity of both parties. If there is a significant income disparity favoring the wife, the husband may have grounds to request alimony. For example, if a husband sacrifices career opportunities to focus on family responsibilities, resulting in reduced income potential compared to his wife, the court may award spousal support to balance this inequity.
Contributions to the marriage: It's common for individuals to make personal and professional sacrifices during marriage. If a husband has contributed significantly in such areas, it can improve his case for receiving spousal support. This contribution can include managing household operations or even moving locations to support his wife's career advancements.
Standard of living during the marriage: Courts aim to preserve the standard of living both parties experienced during the marriage. This involves examining the couple's lifestyle, expenditures, and financial patterns. If a couple enjoyed a high standard of living which the husband cannot maintain independently post-divorce, spousal support may be awarded to bridge this gap.
Common Misconceptions About Spousal Support
There are many stereotypes and misconceptions regarding men and their ability to receive spousal support. One common myth is the belief that women are the only eligible recipients of alimony. However, Nebraska law is impartial and aims to address financial inequity regardless of gender. Some of the primary misconceptions include:
Alimony is Only for Women
Although, historically, women were more frequently awarded spousal support due to prevailing social and economic conditions, today’s legal framework does not see gender as a criterion for awarding alimony. In Nebraska, both men and women are equally eligible to receive spousal support, depending on the factors outlined above.
Men Shouldn't Ask for Spousal Support
There can be a social stigma surrounding men requesting alimony. This stigma is often rooted in outdated gender roles. During a divorce, it’s important for men to advocate for what's fair and equitable, including alimony payments. Remember, spousal support is a financial relief mechanism, not a reflection of personal inadequacies.
Seeking Spousal Support Means Conflict
Contrary to belief, pursuing spousal support doesn't have to result in hostile proceedings. With the right legal counsel, you can pursue amicable resolutions and engage in respectful negotiations to achieve outcomes that are fair and equitable for both parties.
How to Pursue Spousal Support for Men in Nebraska
If you're a man going through a divorce and you're contemplating spousal support, it's important to take strategic action and compile comprehensive documentation of your financial situation. Some advised steps you can take include the following:
Evaluate your financial needs: Openly assess your financial needs for your situation post-divorce. Consider your living expenses, potential career paths, and any barriers to employment.
Document contributions: Maintain records of your contributions to the marriage, whether financial, domestic, or in the form of career sacrifices. This documentation can improve your claim for support.
Seek legal advice: Consult an experienced family law attorney who can provide valuable insight and personalized advice on how to seek alimony. At Abrahamson Law Office, our attorneys are equipped to support men in pursuing rightful claims for spousal support.
Use mediation when possible: If you face disputes or difficult discussions regarding alimony, consider using mediation to resolve these issues amicably. Mediation can help facilitate constructive dialogue that respects both parties and works toward achieving fair settlements.
Contact an Experienced Attorney Today
Spousal support is a tool designed to promote equity post-divorce. While women usually were awarded alimony during divorce proceedings, it is not limited by gender. Whether you're a husband or a wife, spousal support aims to fairly evaluate your circumstances post-divorce and allow you to retain a similar standard of living that you experienced during the marriage.
At Abrahamson Law Office, we are committed to providing comprehensive representation for those seeking spousal support. Understanding your rights and responsibilities is crucial in this journey, and we're ready to help guide you toward achieving a fair and sustainable outcome.
If you're considering spousal support or have questions about your case, contact us for a consultation. We serve clients across Omaha, Sarpy County, Douglas County, Washington County, Saunders County, Otoe County, and Dodge County.