OMOST FREQUENTLY ASKED QUESTIONS ABOUT DIVORCE SETTLEMENTS
Keep in mind that no two cases are the same. You need to seek individual advice in order to determine how the specifics
for your case may impact your individual needs. These questions and answers are general in nature and do not replace
the need for legal counsel.
Andrew's brochure, Financial Myths of Divorce, contains more helpful information
Q. How do I know I am getting a fair settlement?
A. Louisiana is a community property state. This means that the community property settlement must be equal.
Andrew can assist you in understanding the financial and tax impact of various settlement proposals covering not only
asset distribution and debt assignment, but spousal and child support to assist you in obtaining the most optimal
settlement.
Q. Do I need to have an attorney?
A. Although couples have the right to file pro se or in proper person, meaning without legal representation, I
recommend that you always work with an attorney. I am not an attorney, cannot offer legal advice and recommend that
you always review my recommendations with legal counsel.
Q. Will I be able to receive alimony?
A. In Louisiana it is referred to as ‘spousal support’, in Arizona as ‘spousal maintenance’ . Although, no two cases
are the same, the tests for maintenance include consideration of the following: 1) Need - Can you support yourself with
earned income plus investment income? 2) Ability to pay - Does the payer of alimony have sufficient funds to pay? 3)
Length of marriage - A long-term marriage (10 years or more) is typically a stronger case for the lower-earning spouse.
4) Health of both parties Andrew will help you determine your financial needs and the most financially efficient way of
structuring your support agreement. Only an attorney can advise you how the specifics of your case may impact your
ability to receive alimony. If you and your spouse cannot agree on what is reasonable then a judge will make that
decision.
Keep in mind that no two cases are the same. You need to seek individual advice in order to determine how the specifics
for your case may impact your individual needs. These questions and answers are general in nature and do not replace
the need for legal counsel.
Andrew's brochure, Financial Myths of Divorce, contains more helpful information
Q. How do I know I am getting a fair settlement?
A. Louisiana is a community property state. This means that the community property settlement must be equal.
Andrew can assist you in understanding the financial and tax impact of various settlement proposals covering not only
asset distribution and debt assignment, but spousal and child support to assist you in obtaining the most optimal
settlement.
Q. Do I need to have an attorney?
A. Although couples have the right to file pro se or in proper person, meaning without legal representation, I
recommend that you always work with an attorney. I am not an attorney, cannot offer legal advice and recommend that
you always review my recommendations with legal counsel.
Q. Will I be able to receive alimony?
A. In Louisiana it is referred to as ‘spousal support’, in Arizona as ‘spousal maintenance’ . Although, no two cases
are the same, the tests for maintenance include consideration of the following: 1) Need - Can you support yourself with
earned income plus investment income? 2) Ability to pay - Does the payer of alimony have sufficient funds to pay? 3)
Length of marriage - A long-term marriage (10 years or more) is typically a stronger case for the lower-earning spouse.
4) Health of both parties Andrew will help you determine your financial needs and the most financially efficient way of
structuring your support agreement. Only an attorney can advise you how the specifics of your case may impact your
ability to receive alimony. If you and your spouse cannot agree on what is reasonable then a judge will make that
decision.
| Andrew K. Hoffman Certified Divorce Financial Analyst |
| Frequently Asked Questions |