Maintenance (Alimony/Spousal Support)
Maintenance, also known as spousal support or alimony, is governed by a comprehensive set of statutory factors and case laws that determine when maintenance should be awarded, the amount, and the duration. In general, the court considers several key factors when determining maintenance. The court assess the dependent spouse's need for support, the other party's ability to pay, and how long it may take a party seeking maintenance to become self-supporting at a similar living standard enjoyed during the marriage. The court also evaluates each party's contributions to the other's education or earning power, their overall contributions to the marriage, parties’ education, age and overall health, tax consequences, property division, and overall fairness of the entire property and financial award.
Unlike child support, there is no general guideline for determining maintenance. Like child support, maintenance can often be modified as to amount or duration after final judgment of divorce or legal separation if there is a substantial change of financial circumstances. However, it is crucial to understand that if you waive your right to maintenance, you cannot later request it from the court, making this decision extremely important.
Our firm is committed to open communication and transparency, ensuring you fully understand your options and the implications of your decisions. We believe in building trust through collaboration with our clients, working closely with you to regarding your specific financial situation.
If you have a claim for maintenance from your spouse, we can explore a wide range of options to provide for your support. These options include negotiating a larger share of assets, defining specific payment terms to optimize tax consequences, considering a lump sum "buy-out" of your claim, fixing the term of maintenance, or exploring creative payment structures. Each of these options requires a detailed, fact-specific analysis that our experienced attorneys can provide.
Our goal is to guide you through the complexities of maintenance decisions with clarity and confidence. By maintaining transparent and ongoing communication, we ensure that your concerns are addressed and that you feel supported throughout the process. This approach allows us to develop effective, targeted strategies that serve your best interests, providing you with the financial stability you need during and after your divorce.