Maintenance and Divorce

Divorce is nothing but the dissolution of marriage. Getting separated from our partner who is most close to us is very hard for every human being and sometimes it may impact your mental or physical health.

We need to think twice and take every step very carefully. As this decision not separates 2 people but also isolate families and close relatives. When we decide to get separated from each other legally, there are so many legal terms that we need to understand. Among so many important legal terms maintenance is the one.

What is Maintenance?

Maintenance is the lump sum amount paid by a husband or a wife to their former spouse as the result of a divorce. Either spouse can request the court for maintenance, But it isn’t awarded by default in every case. The spouse requesting maintenance must be unable to meet their own reasonable needs.

There are Two Categories of Maintenance

 

  1. Temporary Maintenance – This type of maintenance awarded by courts during the divorce process or pendency of a divorce.
  2. One time Maintenance – This type of maintenance awarded once the divorce has been made final by the court.

Temporary maintenance is not the same as child support. However, maintenance can be awarded to stay-at-home moms or other non-working spouses.

In order, to determine if maintenance should be granted to a spouse or not, a court will consider the number of factors, including:

  • Current financial condition and earning resources of each spouse
  • Spouse’s education and skills for maintenance
  • Spouse’s physical and emotional condition seeking maintenance
  • Standard of living during the marriage

How Maintenance is calculated?

 

A court will decide the appropriate maintenance amount a spouse must pay by considering the factors mentioned below:

  • Amount of money either spouse could earn per month
  • Monthly Expenses
  • The ability for each spouse to continue the same lifestyle to what they had before the divorce.