Proving Your Wife’s Ability to Work During a Divorce
Hi, I’m Tulsa Dads.Law attorney Clint Hastings. I practice here in Tulsa, Oklahoma, and I focus on fathers’ rights. I’ve been practicing family law for about 25 years.
I get this question a lot: “She hasn’t worked in a long time, but she could. How do I prove that?”
You might say, “She has a degree. She’s had odd jobs. She’s smart, talented, and works hard.” But during the divorce, she may claim she can’t work to try and justify receiving alimony.
Using Discovery to Establish Your Wife’s Earning Capacity
So how do you prove otherwise?
We use a process called discovery during the case. Under oath, we ask her:
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- Could you work?
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- How much could you reasonably earn?
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- What types of jobs are you qualified for?
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- What’s the last job you applied for?
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- Couldn’t you apply for jobs in a specific field or location?
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- Wouldn’t you be capable of earning at least a certain amount?
Bringing Evidence to Mediation for a Fair Settlement
She’s required to answer those questions, and once we receive her responses, we review them with you to identify any gaps or inconsistencies. If we discover she’s withholding information or downplaying her ability to earn, we can raise those issues in court.
We can also bring this information to mediation. Sometimes, when faced with these facts in that setting, a spouse may concede that they can earn more than they initially claimed—helping us reach a fair agreement.
Contact Us for a Low-Cost Consultation
I hope this helps. Visit our website or give Tulsa alimony attorney Clint Hastings a call at (918) 962-0900 if you have questions about this or any other family law issue. Thanks.
