How Spousal Maintenance Works

Spousal maintenance is a financial arrangement designed to support a spouse after a divorce or separation. It aims to help the lower-earning spouse maintain a standard of living similar to that experienced during the marriage.

Understanding how spousal maintenance works, including its types, calculation, and duration, is essential for anyone divorcing.

Types of Spousal Maintenance

There are several types of spousal maintenance, each serving a different purpose and varying in duration:

Temporary Maintenance: Also known as pendent lite, this type of spousal maintenance is awarded during divorce proceedings. It provides financial support to the lower-earning spouse until the final divorce decree is issued.
Rehabilitative Maintenance: This type aims to support a spouse while they gain the education or training necessary to become self-sufficient. It is usually awarded for a specific period and may require the receiving spouse to follow a rehabilitation plan.
Permanent Maintenance: Awarded in long-term marriages, this type of spousal maintenance continues indefinitely or until the receiving spouse remarries or either spouse passes away. It is less common today and typically reserved for situations where the receiving spouse cannot become self-supporting due to age, illness, or disability.
Reimbursement Maintenance: This type compensates a spouse who supported the other through education or training, with the expectation of sharing the benefits of that education. It is a way to repay the supporting spouse for their contributions.
Lump-Sum Maintenance: Instead of ongoing payments, the paying spouse provides a one-time payment. This can be beneficial for both parties as it avoids the need for future interactions and modifications.

Factors Influencing Spousal Maintenance

Courts consider several factors when determining whether to award spousal maintenance and how much to award. These factors include:

Length of Marriage: Longer marriages are more likely to result in spousal maintenance awards, especially permanent or long-term support.
Income and Earning Capacity: The court examines each spouse's income, potential earning capacity, and the disparity between their incomes.
Standard of Living: The standard of living during the marriage is considered to ensure that the lower-earning spouse can maintain a similar lifestyle post-divorce.
Contributions to the Marriage: Contributions as a homemaker or support for the other's career or education are considered.
Age and Health: The age and physical and mental health of both spouses can impact the type and duration of spousal maintenance.
Financial Needs and Obligations: The court assesses each spouse's financial needs and obligations, including debts and the cost of raising children.

Duration of Spousal Maintenance

The duration of spousal maintenance varies based on the type awarded and the case's specific circumstances. Temporary spousal maintenance lasts only until the divorce is finalized. Rehabilitative spousal maintenance continues until the receiving spouse becomes self-supporting or the court's specified period ends.

Permanent spousal maintenance can last indefinitely but is subject to modification if circumstances change, such as the receiving spouse's remarriage.

Modification and Termination

Spousal maintenance can be modified or terminated if circumstances significantly change. Either spouse can request a modification if their financial situation changes, such as a job loss or increase in income. Permanent spousal maintenance typically ends if the receiving spouse remarries or if either spouse dies.

Need Help? Call Our Experienced Legal Team

Understanding how spousal maintenance works is crucial for navigating the financial aspects of divorce. It ensures that the lower-earning spouse can transition smoothly and maintain a standard of living post-divorce. Each case is unique, and courts consider various factors to determine spousal maintenance type, amount, and duration.

Consulting with a knowledgeable attorney can help you understand your rights and obligations regarding spousal maintenance. Reach out to Law Office of Greg Quimby, P.C. today at (719) 212-4227 to learn more.