How Does Spousal Maintenance Work?

Q: How Does Spousal Maintenance Work?

1. Meet Financial Assistant Eligibility Requirements. 2. Determine Spousal Support Payments Amount and Duration. 3. Finalize the Spousal Maintenance Agreement. 4. Establish an Appropriate Tax Withholding Scheme. 5. Enforce Order Modification or Termination If Necessary. 6. File an Income Deduction Order, If Applicable. 7. Calculate Reduced Pay After Wage Garnishment Issued to Employer of Payor-sponsored Spouse.

Article By Patrick Mansfield | Best Rated Law Firms | 02/03/2023

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Spousal maintenance, commonly known as alimony, is a payment from one former spouse to the other for financial support post-divorce. It is meant to allow the recipient time to adjust back into the workforce or become self-sufficient. Additionally, it compensates a spouse for lost salary while they were in the marriage performing household tasks and childcare. Here’s what you need to know about spousal maintenance:

Determining Need & Eligibility

Before one spouse is entitled to spousal maintenance payments, need and eligibility must be established within your state’s laws. A judge may consider various factors when determining if spousal maintenance is warranted such as:

• The length of the marriage

• The age and physical condition of each spouse

• The financial resources available to each spouse

• Both spouses’ earning capacity

Once these determinations have been made, the type and amount of spousal maintenance can then be determined.

Types of Spousal Maintenance Payments

In some states there are different forms of spousal maintenance payments that can be ordered depending on specific circumstances, which include:

• Temporary order - This type of payment provides interim financial support until a divorce decree has been finalized.

• Rehabilitative order - Used when you expect that one party needs additional education or job training in order to become self-sufficient in a reasonable period of time.

• Permanent periodic order - Generally given when there isn't any way either party can reasonably increase their income significantly enough over a short period of time. The ruling typically stays intact until one partner passes away or remarries

Enforcing Your Awarded Spousal Maintenance Payment

If your former partner fails to make court ordered spousal maintenance payments on time, contact an attorney immediately .Letting such an infraction slide silently could allow it become part-and-parcel with their “normal” behavior moving forward.

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