Demonstrate Need For Spousal Support

A number of states do have this requirement in their statutes, often providing that spousal support can only be given if the recipient can demonstrate some financial need for it.  These statutes require that the recipient of spousal support must prove that they are not able to provide their own financial support and do not have enough assets to meet their own needs, which should not to be confused with their own “wants.”

At one time, in order to receive spousal support, fault (such as adultery) also needed to be demonstrated, but with the rise in no-fault divorces, this requirement has almost completely disappeared.  Although the law does not require it, individuals going through a divorce should retain legal counsel, especially if issues like spousal support are present.