Spousal maintenance is one of the major causes of disputes during divorce proceedings. The reasons are not far-fetched. It will sure have a great impact on the parties finances and sometimes the paying spouse might feel like it is unfair to pay. “Alimony can also lead to lingering resentment as the partners might feel they are still tied to the marriage,” Joe Lemus explained.
But what happens if one partner’s income is lesser than the other? Or the other party cannot work due to health challenges, looking after the children or age? This is where spousal maintenance comes in. Renowned lawyer, Joe Lemus brings in his years of experience in family law to explain what spousal maintenance is about, eligibility criteria and any other other important information that can help in making informed decisions.
Also known as alimony or spousal support, spousal maintenance, is a financial payment that one spouse may be required to make to the other after a divorce or separation. Its purpose is to provide financial support to a lower-earning or non-earning spouse to help them maintain a standard of living similar to what they had during the marriage.
To be eligible for spousal maintenance you need to prove you are in financial need and your former spouse is capable of supporting. Apart from that, other criteria to meet include:
In many jurisdictions, the longer the marriage, the more likely you are to receive spousal maintenance. Shorter marriages typically result in less or no spousal maintenance unless there are special circumstances.
There is a difference between your income and your spouse’s income and courts will consider whether the higher-earning spouse is financially able to provide support.
If you sacrifice career opportunities to support your spouse’s education, career, or to take care of the home or children, this may make you eligible for spousal support.
If you are older or have health issues that make it difficult to work, this can factor into whether you are eligible for maintenance.
Courts may assess whether you need financial support to gain education or training to become self-sufficient. If you were out of the workforce for a long time during the marriage, you may need time and money to acquire the skills necessary to return to work.
The court may try to ensure that the receiving spouse can maintain a lifestyle similar to what was established during the marriage, at least for a transitional period.
Even if you demonstrate a need for support, courts will look at whether your former spouse has the financial means to pay spousal maintenance while still meeting their own financial needs.
In some states or countries, fault in the divorce (e.g., infidelity or abandonment) can affect whether a spouse is eligible for maintenance. However, many have moved to a “no-fault” system where this is not a consideration.
Courts may also consider any assets or financial resources you receive through the divorce settlement, such as property division or investments, and whether they reduce your need for ongoing spousal support.
Yes, you can still receive spousal maintenance even if you and your partner don’t have children. While the presence of children can be a factor considered by the court, it’s not the sole. If one partner has higher income, or the receiving partner has medical issues or disability and might be able to work. These and many more are what the court will access before making decisions.
Navigating the spousal maintenance process can be challenging, hence, it is vital to have a divorce attorney at your backing that can help you ensure you get fair income, Joe Lemus explained.
For one, you need to gather all important financial information including tax returns, bank statements, retirement accounts and any other important document before going to the family court.
However, you can negotiate out of court to see if you can get your ex-partner to agree on spousal maintenance. If not, you can apply for spousal maintenance in court. A good rule of thumb is to apply when submitting applications relating to child support, property and asset matters and parenting.
In court, the parties will be required to disclose their financial status to help determine the amount and duration of spousal maintenance. There may be a need for one or more court hearings to address issues related to spousal maintenance, child custody, property division, and other matters before the court makes its decisions.
Stopping spousal maintenance payments requires careful consideration. Under certain circumstances, you might be able to modify or terminate spousal maintenance. These include:
Applying for spousal maintenance is not at all easy, it’s essential to consult with an attorney to understand your rights and options.
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