During the dissolution of your marriage, one of the things that you will need to consider is spousal maintenance. This refers to a stipend paid from one individual to another. Of course, it isn’t nearly as simple as that, however. There are actually a number of factors that determine whether this is something that will be approved in your particular case as well as the amount involved.
Irrespective of the side that you are on in such a circumstance, it is important to have divorce lawyers by your side at all times. This can be a confusing and overwhelming process and you need proper representation every step of the way. To ensure that you understand what spousal maintenance entail, continue with this article.
When is Spousal Maintenance Applicable?
Spousal maintenance can be requested if one party is unable to financially support themselves. This could be because they don’t have required skills for gainful employment. Individuals who are suffering from debilitating physical or mental conditions can likewise request spousal maintenance. It is also possible for parents raising underage children to ask for financial assistance.
At the same time, the court will need to determine that the other party is capable of providing fiscal support. They must be employed and be earning a salary that allows them to look after themselves as well as their former spouse.
Can It Be Denied?
Yes, there are certain instances when the court will deny one parties request for spousal maintenance. For instance, if the spouse that is being asked for remuneration cannot afford the payments, they are not obligated to do so. Also, if the person who is asking for support is more than capable of earning for themselves but chooses not to, the court may not provide them with money. These decisions are often made on a case by case basis so the final ruling will be quite unique for each divorce proceeding.
How Are the Payments Calculated?
How much one person will have to pay another depends on a number of factors. Most importantly, though, it is based on how much one party needs and how much the other individual can afford to pay. In addition to the actual sum that must be paid, the court will also decide how often the payments need to be made. They can be made on a weekly or monthly basis. There are other cases when the compensation can be made as a lump sum.
Can the Agreement Be Changed?
Yes, the final agreement can be changed at a later date. This will be contingent on whether the details surrounding your case have changed. Let’s imagine for instance, that you are the one paying support. If your ex-spouse finds a job or gets married, you may not be required to continue having to provide spousal maintenance. Also, if you lose your job or unable to keep up with the amount, the court may adjust how much you have to pay or if you have to pay at all.
These are some of the things that you should be aware of spousal maintenance. This will help you to make a more informed decision regarding your current and future financial position. Just remember to always consult an attorney before making any legal decisions regarding your money or any other asset.