Spousal Maintenance and Your Divorce
One of the most complex aspects of divorce proceedings is the division of assets and the determination of spousal maintenance and child support.
Spousal support is common in divorces in which one spouse is financially dependent on the other to maintain a certain standard of living.
Below you can get to know more about how spousal support works with answers to some frequently asked questions about it.
How Do I Get Spousal Maintenance?
If you feel that you deserve spousal support, you will want to include a request for spousal maintenance in your divorce agreement.
Either spouse may ask for spousal support in the divorce, but there must be a financial need on part of the asking spouse and the ability of the other spouse to pay.
You cannot request spousal maintenance once the divorce has been finalized, so you will want to consider your financial needs at the time of your divorce proceedings.
Can Spousal Maintenance Arrangements be Changed After a Divorce?
Because financial circumstances can change following a divorce, you can put in a request with the court to change spousal maintenance payments or relieve your responsibility to pay altogether.
Factors that will be considered in initial spousal support agreements and requests for changes include the financial needs and resources of each party, the length of the marriage, the standard of living established in the marriage, and the time needed to secure employment.
What Happens if My Spouse Refuses to Pay?
Similar to child support, spousal maintenance payments are enforced by the courts, so your spouse may face legal consequences if he or she fails to make payments.
If your spouse does not initially agree to your maintenance request, your lawyers may come to a settlement that both parties agree to.
Otherwise, the court will make a determination of whether maintenance is appropriate.
If you are filing for divorce contact us for a free divorce consultation. Our team will help you seek a favorable outcome while dealing with the complex aspects of alimony, child support, and division of assets.