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In family law spousal maintenance is often used as a synonym for spousal support or alimony. This support refers to the financial support paid by either the wife or the husband in support of the other during or after the divorce case. This financial support may be in terms of money or assets. Who will pay spousal maintenance depends on who earned the most money during the marriage and the roles the spouses played.
Spousal maintenance is provided for maintenance of the standard of living that the former spouse may have had when in marriage. This helps the divorced spouse to prevent suffering from decrease in standard of living. But spousal maintenance is not always provided in all the divorce lawsuits.
The award of spousal maintenance is generally determined based on some criteria. Some of the important factor includes the length of marriage, earning ability of both the spouses, contribution of a spouse in a marriage, the age and health of the partners, and the standard of living the spouses had during marriage. Also, issues like the spouses’ nonmonetary contributions to the marriage, and whether or not the custodial parent will earn less due to his/her duty to parent the child/children plays significant role for maintenance calculation.
Based on the above factors the judge decides whether a spouse pays maintenance and how much. The amount and length of spousal maintenance payments may even be set by the former spouses by mutual agreement without the intervention of judge. The spousal maintenance can be paid as regular payments or once as a lump sum payment.
Spousal maintenance may be permanent or temporary. Permanent maintenance or spousal support is generally paid to the beneficiary for whole life. This is generally awarded if the length of marriage was long, or if the spouse suffers from any kind of disability that prevents him/her to able to work.
Temporary maintenance lasts for only a specific period of time. Temporary maintenance can be further divided into two categories: “temporary alimony” and “rehabilitative alimony.” Temporary alimony allows the receiving spouse to maintain a certain standard of living until the spouse can recuperate financially. Rehabilitative alimony is awarded in cases where a spouse needs support with job training or college expenses so they may become financially independent.
Spousal maintenance payments generally stop upon death or remarriage of the recipient. But in some cases even remarriage does not stop maintenance. This happens in cases where the marriage was of long-term or the spouse has some kind of disability. Maintenance also generally ceases upon the death of the payer. Other reason for termination of maintenance is improvement of financial condition of recipient. To terminate the maintenance one need to apply to court.
For all kind of help and assisiatnce on spousal maintainance visit flagstaff lawyers.
Estate Planning : Purpose of a Living Will
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