Spousal Maintenance

Spousal maintenance is another term for spousal support or alimony. It is financial aid that is given to one of the spouses after divorce has been sought or finalized. There are many issues that may lead to the marital union being ended and it is important to make sure both spouses are given fair financial protection. If one spouse has a significantly lesser income than the other spouse, a legal agreement may be made to ensure the lower income spouse is financially provided for. To receive spousal maintenance, an individual must prove that they are a dependent and unable to provide sufficient monetary funds on their own.

There are no standard regulations on spousal maintenance as far as the amount awarded and much of it is left up to the courts discretion. States have differing views on how to award spousal maintenance but many of them follow the recommendations of The Uniform Marriage and Divorce Act. Each case differs and is dependent upon the income of each spouse, the length of marriage, and the cost of living.

In some cases the couple may come to an agreement themselves as to how they will divide the earnings. In many cases, however, an agreement cannot be made and in those situations the former spouses must turn to the courts to decide a verdict. If spousal maintenance is granted, the time lengths for it can vary. It may be given for a specific length of time if it is believed that the dependent spouse is capable of eventually supporting themselves. Permanent maintenance may also be awarded and in this case financial obligation will remain until either the death of one of the parties or the remarriage of the spouse receiving support. Since there are no standard regulations on spousal maintenance, it is important for both parties to have a lawyer to help ensure their rights are being defended.

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