Role of a Spousal Maintenance in Divorce

by | Jul 25, 2016 | Law Services

Recent Articles

Categories

Archvies

What is spousal support?

This refers to the payments sent by an individual to a former spouse after divorce. Also widely known and recognized by the term alimony or maintenance

Why does spousal support exist?

Typically, after a divorce, it’s not unheard of for one spouse to be out of the workforce, taking care of the kids or managing the home. However, that means the spouse is left untrained and with little to zero marketable skills, will end up having a tough time finding work or earning enough to support herself once the divorce pushes through. Spousal support ensures spouses have the financial assistance and support they need while they try to find their footing again. This way, their standard of living won’t suffer even after a divorce.

Are most payments paid to the wife more than the husband?

In the U.S., wives often stay home to manage the household and look after the kids while the husband works, making men the main wage earners in the family. So when a divorce happens, a husband would be in a better position to pay for alimony than the wife. However, in case both spouses worked during the marriage, then a wife can pay for spousal support if he had a lower-paying job or if the husband was a stay-at-home dad.

Factors that affect spousal support?

Need, contract and fault are the required before spousal support can be awarded. Need: When it’s obvious that the spouse is financially incapable of providing for her own needs after the divorce. Contract: spousal support is a personal right, one that a spouse can waive through a prenuptial agreement. Once done, though, it would be very hard to reverse this decision, says Divorce Support.

For more information, get in touch with a divorce lawyer to help you through this difficult process. With legal counsel, you’ll be in a much better position to make future decisions.

Related Articles