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Do not to wait to get spousal maintenance. Spousal maintenance can be greatly beneficial for you. In fact, spousal maintenance has a significant impact on the division of assets and debts. It must be appropriately addressed though. Here are some things to know about spousal maintenance or support during a divorce. You should know these in case you find yourself going through this scenario in your life.
What Is Spousal Maintenance?
Spousal maintenance (or, as it is more commonly known, alimony) is the term used to describe payments made by one spouse to the other. This financial support is for during and after divorce. Do not ignore spousal maintenance. Spousal maintenance can be temporary or permanent. Key factors determine what amounts each person gets. Every marriage and divorce is unique. Did either of you sign a pre-nuptial agreement? This will have an impact on who owes what. An attorney can help you sort it all out if you are not sure where to begin your process. No one wants to be in that type of legal proceeding for very long.
Why Do People Get Spousal Maintenance?
Significant financial changes need to be made when a couple divorces. One of those changes is adjusting each spouse’s income. They need to be able to afford their new lives without relying on alimony payments from their exes. Alimony is awarded when one spouse earns significantly less than the other. Furthermore, it will be awarded if they would have trouble making ends meet without some financial assistance from their ex-spouse.
In addition, alimony will be awarded if one spouse has sacrificed their career to stay at home with the children. At the same time, they were married (and will likely face a lower future income potential than someone who worked throughout their marriage). This is what is deemed fair by the legal system. Who worked during the marriage? Who took care of the kids?
What Happens if My Spouse Doesn’t Pay?
File an affidavit with a legal body like lawyers in Alice Springs if your ex-spouse does not pay you as required by law. It will state that they have failed to comply with the court order and ask for an enforcement hearing. Suppose at this hearing it is determined that payment has not been made following the court order. In that case, your ex-spouse may be ordered to jail for up to 10 days as punishment or pay additional fines and fees associated with failing to comply with a court order. If you are required to pay any amount, you will want to make sure you have all of the necessary information to do so and make sure you do not wait.
Do not accidentally forget to start payments and end up in trouble. It is important that you reach out to a lawyer that represents you and that you trust if you have any questions about your spousal maintenance.
How Is Spousal Maintenance Determined?
Spousal maintenance is controversial among financial experts and family lawyers. Spousal maintenance is also known as spousal support. This is because the amount and duration are often arguable. Courts use several factors to determine how much one spouse will pay alimony or spousal support to another. Talk to your lawyer to get their opinion on your situation.
Your Marital Income
The amount of money you make significantly determines how much you will have to pay or receive as part of your divorce settlement. Your income should be considered along with your spouse’s income during this process. You may also need to provide evidence that shows how much you earn over time. This can make an impact on how much money you get or how much money you need to pay your ex-spouse. Keep track of your earnings and spending. This will be greatly beneficial to you.
Your Length of Marriage
The longer you’re married, the more likely your spouse will be obligated to pay you alimony or spousal support. Long-term marriages generally mean both spouses have contributed significantly to their wealth and income. In contrast, short-term marriages may not have had enough time to accumulate property or savings that can help support one spouse after divorce. This can all play a part or role in if there is spousal maintenance and how much that may or may not be in your situation. This will be greatly beneficial to you.
The Duration of Separation Before Filing for Divorce
If you were separated from your spouse before filing for divorce, even if there was no intent to reconcile, it may affect how long you receive spousal maintenance. The duration of separation before filing for divorce is an important factor in determining the amount of spousal maintenance. You will have to talk to a knowledgeable lawyer in order to determine this. The longer the separation, the less likely you will be ordered to pay spousal maintenance. However, it is not unusual for a judge to require a spouse who has been separated for many years to pay some level of support for their spouse.
The Needs and Assets of Each Spouse
The court will consider the needs and assets of each spouse. They do this when deciding how much spousal maintenance to award. If the applicant has a low income but significant assets, they may be awarded more spousal maintenance than if both spouses have similar incomes and limited assets. As stated previously, all situations are different so the outcomes can vary as well.
You want to make sure you put yourself in a situation where you are able to maintain your own housing, food, and overall lifestyle without going over your budget. This can be incredibly difficult if you are used to living a particular lifestyle and must change. If need be, contact a financial advisor. They will help you put together a budget of what it will take in order to live within your means. Do not live above your means or you will go into debt.
The Ability of Each Spouse To Work
The ability of each spouse to work is an important factor in spousal maintenance determination. Spouses who are unable to work because of age or disability may have a stronger case for spousal maintenance. Spouses who can work but choose not to do so will have a weaker case. A spouse’s ability to work is essential because it can affect both her need and her ability to pay. This will be greatly beneficial.
First, if a spouse can work but chooses not to do so, the court may conclude that she has the ability. Therefore, the obligation to pay spousal maintenance. Second, if a spouse can’t work due to age or disability, this will affect how much she needs from her ex-spouse to survive independently. This has a huge impact.
Your standard of living during the marriage
If one spouse was financially dependent on another during the marriage, they will be entitled to receive ongoing financial support after divorce. This is especially true if there are children from the marriage. The kids may still in school or otherwise rely on their parents’ support. If you were used to living a certain lifestyle during your marriage, then a judge will require that your ex-spouse must pay you a certain amount in order to maintain that lifestyle. Calculate how much school, clothes, food, and other necessities it costs to raise your children. This will benefit you later on.
Conclusion for Spousal Maintenance
Take this information and apply it to your life. Spousal maintenance is an important concept to understand as you work through a divorce. Payments determine what kind of life you will be able to live. You deserve to be have the ability to take care of yourself. You also deserve the ability to take care of your kids. Divorce will be much more manageable if you understand how it works. Understanding the considerations will make divorce proceedings much more manageable as well. It will also help it go more smoothly. Dividing property and debts will also be sped up. Divorce is difficult but these decisions make it easier. Do not wait to attain spousal maintenance.
