Spousal Maintenance/Alimony

After a divorce is filed, while you are still waiting for the final hearing, you can obtain a “temporary” maintenance order. This is intended to ensure as normal a lifestyle as possible, given that your family probably now has two sets of bills instead of one.

The temporary maintenance may be in the form of:

• A regular check from one spouse to another
• An agreement for payment of certain marital expenses
• A combination of both

The use of the phrase “permanent” maintenance may be misleading. While there are some maintenance orders that are permanent, most orders are limited in duration.

It’s important to assess three things concerning permanent maintenance:

• Is a spouse entitled to permanent maintenance?
• How much support is likely to be ordered?
• How long will the party likely be ordered to pay maintenance?

In the dissolution of a lengthy marriage with a notable difference in incomes, there is almost always a maintenance question. The amount and duration of support are difficult to estimate. In many states, there is no statutory formula for permanent maintenance calculations, and a list of factors is considered.  In other states, a formula may provide a presumptive maintenance number.

The following is only a partial list of the factors a court may consider when assessing a spousal maintenance award.  You should always seek a local lawyer to help determine your state’s process:

• Length of the marriage
• Disparity of income
• Reasonable needs of receiving spouse
• The extent of any separate property
• Age of both spouses
• The ability of a paying spouse to pay
• The ability of a receiving spouse to work
• Work history of receiving spouse
• Level of education/training of receiving spouse
• Education needed to re-enter the workforce

If maintenance is warranted, a court will order maintenance in an amount that it deems just after considering various relevant factors. This number, however, can vary widely.

Recently, a three-judge panel of family law judges was given the same divorce fact scenario and asked to tell the audience what their maintenance awards would be:

• One said $1,500 a month
• The second said $1,000
• The third judge said $0

In most states, but not all, a court does not consider any marital misconduct of a spouse when making a maintenance determination. The representation of a quality spousal maintenance lawyer who is familiar with the laws of your state cannot be overstated. Our team at Modern Family Law can provide the help and counsel you seek.

There are typically two types of maintenance awards: statutory and contractual. A judge can only issue statutory maintenance. Only the parties can enter into contractual maintenance. There are many differences between these two types of awards.

These differences can be huge, with consequences for both parties. For example, statutory maintenance can always be modified by a court based on changed circumstances of either party. Contractual maintenance cannot be modified.