Sometimes known as alimony, spousal maintenance is paid by one spouse to another after a divorce. However, you don’t have to formerly dissolve your marriage in order to be able to claim spousal maintenance. If you are legally separated, as opposed to divorced, you could be entitled to maintenance.
If the separation is
amicable, both parties may be able to come to an agreement regarding the
division of property and the amount of spousal maintenance to be paid. However,
it’s important to seek legal advice before you agree to any arrangements.
In most instances,
separating couples ask the court to decide how much should be paid to whom and
for how long. When calculating spousal maintenance, divorce laws state that various things should
be considered, such as:
1. The Length of the Marriage
How long you’ve been
married will affect the divorce settlement. If one party came to the marriage
with significant assets and the other didn’t, for example, a short marriage
will not necessarily equate to both parties receiving similar settlements. In
general, the longer you’ve been married, the more likely you are to be awarded
spousal maintenance. Additionally, the amount of maintenance you’re awarded is
typically higher if you have been married for a long period of time.
2. Earning Capacity
Each party’s earning
capacity will be taken into account when spousal maintenance is addressed by
the court. It’s important to note that your current income is not the same as
your earning capacity. Voluntarily giving up your job to lower your income
prior to divorce won’t be viewed positively by the court and your earning
capacity will remain relevant.
There are various
factors that can impact your earning capacity, including your education, prior
job roles, your health and wellbeing, as well as whether you’ve given up work
in order to support your spouse and/or your children.
As this area of law is
complex, you’ll want to seek advice prior to submitting your earning capacity
to the court. By consulting a law firm which specializes in divorce law, such
as M. Sue Wilson Law Offices, you can access the advice and representation
you need. What’s more – getting legal representation will ensure your rights
are protected throughout the separation or divorce process.
3. Contribution to Marital Estate
The contribution each
spouse has made to the marital estate will also affect a spousal maintenance
award. However, it is not only financial contributions which are taken into
account. If one person gave up their career to be a stay at home parent, for example,
their contribution would not be ignored simply because they were not generating
financial income.
Understanding Your Rights
Divorce laws in the U.S. are notoriously complicated, which is why it’s
essential to understand your rights before agreeing to a settlement.
Furthermore, an acrimonious separation can mean that one or both parties are
unwilling to divulge critical information. By obtaining legal advice and
representation, you can ensure that your claim for spousal maintenance is dealt
with appropriately and efficiently.
