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.
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