What is Spouse Maintenance?

Breakdown of a marriage doesn’t mean an automatic end to domestic financial responsibilities such as utility expenses, rent, loan repayments or mortgage fees. After separation, both parties have to consider a final property settlement as well as settlement of the financial issues mentioned above.

After separation or divorce, one of the parties may not possess sufficient money or a regular and adequate income to sustain him/herself and meet all these financial obligations. Usually they are the ones who were either financially dependent on the other party or were the secondary breadwinner in the now dissolved marriage.

In this case, the primary breadwinner has to pay a substantial but reasonable amount of spousal maintenance to his/her divorced spouse for the latter’s sustenance. Family lawyers can help settle disputes and earn you a fair amount of spousal maintenance in case of a marriage dissolution.

Conditions for Spousal Maintenance

Your former spouse is liable to pay partner assistance to you only if he or she can do so reasonably, that too, if you are unable to support yourself financially. The court will take into account your mental or/and physical impairment that has rendered you jobless, your age, whether or not you have kids resulting from this dissolved marriage who are below 18 years of age and other such reasons before deciding if you are eligible to claim spousal maintenance.

These same factors and others will also be considered by the court for assessing the amount of partner assistance that should be paid to you.