Spousal Maintenance or Spousal Support

It is common to feel financial stress during a divorce.  One party may be concerned about how he/she can afford to pay spousal support.  Conversely the other party may be concerned about the support he/she would receive after the divorce.

As stressful as this is for the parties the amount of support, if any, is the last issue resolved in a divorce.   There are several factors that may impact an award of spousal support, including each parties ability to earn an income, property awarded to each spouse, financial resources of each party, and reasonable financial needs during the marriage.

NOTE:  Marital misconduct is not considered in determining spousal support.

Some additional factors that may impact a maintenance award is the length of the marriage.  If the marriage is considered short term (less than three years) it is not likely that a court would award spousal support.  Even if there is a longer-term marriage, spousal support may not be warranted if both parties are able to support themselves financially.

A determination of spousal support is not a given.  If you would receive support or obligated to pay, in large part depends on how your case is presented to the Judge.  Judges make their decisions based on the information provided to them by the parties, experts, and through their attorneys.

Depending on the terms in the separation agreement or court order, spousal support may be modified in the future. We recommend prior to entering into any agreement that contains provisions for spousal support that you have it reviewed by an attorney, to ensure you understand your obligations and rights.  Changes can be made prior to signing a separation agreement; but are much harder and may not even be permitted after the agreement is made an order of the court.