Maintenance, also known as alimony or spousal support, refers to the financial support that the Courts require one spouse to pay to the other for either a specific period of time or for an undetermined period of time. In determining whether to award maintenance, the Courts will look at several factors, including the length of the marriage, the standard of living that the spouse seeking maintenance have grown accustomed to during the marriage or union, the earning capacity and properties of either spouse, the financial needs of either spouse, the educational background of either spouse, and the ability of the spouse requesting maintenance to get back on his or her feet. These factors also apply to opposite-sex married couples and to opposite sex and same-sex couples who are civil union partners.
There are different forms of maintenance that the Courts may award or that Parties may have stipulated or agreed to pursuant to a negotiation or mediation, including: 1.) Temporary Maintenance – limited to a specific period of time and terminating thereafter; 2.) Rehabilitative Maintenance – provides one spouse the opportunity to acquire some educational benefit or trade, be able to earn income and get back on his or her feet; 3.) Permanent Maintenance – for an indefinite period of time subject to termination only by statutory events such as the deaths of either spouse, the remarriage of the spouse receiving maintenance or if the spouse receiving maintenance starts to live with someone else on a resident/conjugal basis; and 4.) Reviewable Maintenance – for a particular period of months or years with a reviewable clause at the end whereby the spouse receiving maintenance can come back into court and argue for continuation of maintenance based on current economic conditions and life situations.
SERVICES FOR MAINTENANCE (SPOUSAL SUPPORT)
At Noorani & Villar, we provide full services for Clients who are undergoing divorce and seeking maintenance (spousal support) including negotiating the form of maintenance, corresponding maintenance amount, and the duration for which maintenance is to be paid. For Clients who are being asked to pay maintenance, we also provide full services including negotiating or contesting the form of maintenance, maintenance amounts and duration of payment, or pursuing the modification or termination of maintenance.
Please contact Noorani & Villar, P.C., where our attorneys will assist you in your maintenance (spousal support) matters.