Marriage is an economic relationship as much as it is an emotional one. Critically, many people who are unhappy in their marriages may hesitate to divorce because they worry they will be unable to support themselves on their income alone. A spousal maintenance award can make divorce a possibility in situations where a spouse was financially dependent on the other. By providing financial support, it can help ensure the dependent spouse can get back on their feet when their marriage is over.
When one spouse has been financially dependent on the other during their marriage, the issue of needing to support themselves can be a significant factor in their decision to divorce. Importantly, spousal maintenance — also referred to as “alimony” or “spousal support” — is financial support awarded to a dependent spouse to help them adjust to life after divorce. While most couples share expenses and the cost of living while they are married, a maintenance award helps to ensure a fair transition from marriage to financial independence.
Here's how spousal maintenance can help make divorce possible if you are the lower-earning spouse:
A dependent spouse doesn’t necessarily need to wait until their divorce is finalized to receive financial assistance. Pendente lite alimony may be awarded to provide temporary support while divorce proceedings are ongoing. This can help ensure the lower-earning spouse is able to manage their expenses — and their needs are met — during the legal process.
When a couple divorces, there are no longer two incomes to share expenses. Each spouse must pay their own rent or mortgage, utility bills, and other costs of living. Spousal maintenance can help ensure you maintain the same standard of living you enjoyed during your marriage. It also prevents a dependent spouse from experiencing significant financial hardship.
In many cases, a dependent spouse may have sacrificed career opportunities or earning potential during their marriage. This often happens when a spouse is primarily focused on taking care of the home, raising children, or supporting the other spouse’s career. In these instances, a maintenance award can help provide financial support while the spouse gains the skills or education they need to re-enter the workforce.
Specifically, rehabilitative alimony can cover the costs associated with a spouse’s education or training as they work to become financially independent. It is paid for a fixed period of time, as specified by the court, to allow the supported spouse to become self-sufficient.
In cases where one spouse is financially dependent upon the other during marriage, there is usually a significant difference in income — or the supported spouse may not have earned income at all. Spousal maintenance can help to equalize the disparity between the spouses’ incomes and bridge the economic gap between them.
Spousal maintenance can be essential to help a dependent spouse build their lives. It ensures they have the financial resources they need to become independent while pursuing education or finding a job. This allows a spouse to transition into post-divorce life without financial strain.
Spouses do not need to litigate the issue of spousal maintenance when divorcing. They may enter into a settlement agreement and decide the issue for themselves. Otherwise, if the spouses are unable to reach a resolution, a court would decide whether a spouse can be awarded maintenance — and for how long.
The first matter a court would consider when determining the issue of spousal maintenance is which spouse has the larger income. If your spouse’s income is not considerably more than yours, the judge may determine that your spouse is not required to pay maintenance. Another crucial factor to consider is the length of your marriage. Typically, the longer the marriage, the longer the duration of maintenance payments.
Additionally, disparate earning capacity is relevant — especially if you spent a good deal of time out of the workforce to take care of the children or contribute to the marriage in other, nonfinancial ways. This includes the loss of earning potential due to putting off or forgoing education or training, or missing career opportunities. A judge would also consider whether your spouse hindered your ability to find a job or accumulate experience in the workforce, or if they squandered marital assets.
Other considerations when determining spousal maintenance include the following:
Every marriage is unique. If you have questions about spousal maintenance in your situation, it’s best to consult with an experienced divorce attorney.
If you are considering divorce but are concerned about your financial situation, it’s vital to have a skilled divorce attorney by your side who can assess whether you might be entitled to spousal maintenance. At Duke Law Firm, P.C., we offer reliable representation and trusted counsel for a wide range of matrimonial and family law matters, including those involving alimony. We welcome you to contact us today to schedule a consultation to learn how we can help.
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