A primer on spousal support, or maintenance

At the end of a divorce case, a judge has the option to set up a spousal support order where one spouse would pay a certain amount of money to the other under certain conditions. This agreement, which is also called maintenance, can work in a variety of ways. Maintenance agreements aim to help ease the economic transition that one spouse may have at the end of the marriage. 

The judge will look at each case separately. So, depending on your circumstances — including whether both spouses work, how long you were married, whether you shared assets or maintained separate accounts — the judge can set up a range of plans. It’s best to sit down with your attorney well in advance of the maintenance order to ask questions and ensure you understand what may happen.

Below are a few of the commonly used maintenance support agreements. Note that parties or the court may modify maintenance at a later date, because the circumstances may change, making the original order unfair.  For example, the party who is responsible for paying may lose his or her job, get a raise or otherwise need to ask the court to change the amount due to the other spouse. By law, the maintenance award terminates when the spouse who receives the funds gets remarried, dies, or where the parties agree to end the payments.

1

      Modifiable amount for an indefinite or specified period

Courts frequently use an agreement where one party will pay a specified amount to the other, either for a specific period of time or for an undetermined amount of time. Additionally, under a definite period or specified period agreement, the maintenance payments stop either when a certain date occurs or when the spouse receiving payments gets remarried, whichever happens first.

2    Decreasing amounts over a specified period of time

Another frequently used agreement establishes that one party will pay a certain amount of money for a specified amount of time, and then additional payments will decrease for a further amount of time. These agreements exist where the spouse who is receiving money may be reentering the workforce or searching for new employment over the course of the agreement. While the agreement does not end when the spouse receiving money finds a new job, the agreement can sometimes be modified after a certain period of time to accommodate new economic circumstances.

Contractual, fixed amount over a specified period of time

Contractual maintenance establishes the amount and duration of maintenance, and removes jurisdiction from the court to later modify maintenance.  While the court may not order contractual maintenance, parties may reach an agreement that maintenance will be contractual.  Contractual maintenance offers both parties certain protections, by ensuring that neither party will ask the court to modify the agreement reached.  However, it also poses risks to both parties, in that even if circumstances change (such as the paying party losing a job, or the receiving party becoming disabled and unable to work), the court cannot make adjustments.

Speak with an attorney about the maintenance options available to you, including the maintenance formula, which serves as a guide to judges when considering how much maintenance to award.