It is very normal for people to worry about their finances when it comes to divorce. Spending years building a family and sharing resources can leave people anxious about living independently again. Especially in scenarios where one spouse left their career or put their job on the back burner to care for the family, there may be a very significant difference in the financial circumstances of the spouses.
Alimony or spousal maintenance is one of the ways to balance out that inequity. The spouses can agree on maintenance payments on their own in some cases. Other times, the lower-earning or dependent spouse may need to file a request in family court seeking spousal maintenance. In that scenario, the courts look at unique variables to determine if maintenance is appropriate, how much the payments should be and how long they should last.
The needs of the dependent spouse
Not everyone truly needs spousal maintenance to maintain a reasonable standard of living after a divorce. Factors including earning potential, health status, separate assets and age are among the considerations that the courts review. The spouse seeking maintenance generally needs to demonstrate a real need for financial support from the other spouse to justify an alimony order. Often, people must show they have medical challenges that prevent them from supporting themselves to qualify.
The finances of the paying spouse
The courts have to consider whether or not the spouse providing maintenance can make those payments without putting themselves in a difficult financial situation. The courts look at their income, earning potential and separate property to validate the claim that an order of spousal maintenance is appropriate given the circumstances.
The need for rehabilitation
The courts can order rehabilitative maintenance that lasts for up to three years in cases where spouses want to support themselves but lack the skills or recent work experience to do so. Factors including education level, current earning potential and the duration of potential training to enter the job market are all factors the courts may consider.
Understanding what factors influence court determination about spousal maintenance can help people decide whether to request maintenance or contest a request for it during divorce proceedings. Those who learn about the statutes that apply during divorce can effectively strategize for the best possible outcome given their circumstances.