Spousal Maintenance – When Should It Apply?

Spousal maintenance, which is commonly referred to as alimony, is a court-ordered obligation requiring one spouse to make payments to the other for a designated period of time.  Spousal maintenance, however, is not automatic and courts consider four primary factors in deciding whether to order spousal maintenance.

These factors are

(1) whether one spouse does not have enough property to meet his/her needs;

(2) whether one spouse lacks self-sufficiency or earning capacity or must stay home to care for a child;

(3) whether one spouse contributed to the educational opportunities of the other spouse; and

(4) whether there was a long marriage such that one spouse is of an age that may preclude him/her from gaining meaningful employment.

Once a court determines spousal maintenance is appropriate, a host of other factors are considered in determining the amount of spousal maintenance.  If you need assistance with your divorce or other issues related to your divorce case, contact the attorneys at Fleming & Monroe, PLC for a consultation. #fmlawazlegaltips