Spousal Maintenance

Spousal maintenance is payments that help one spouse meet his or her necessary monthly living expenses when the other spouse has the ability to make those payments. Spousal maintenance is not intended to equalize the your incomes. Spousal maintenance is based on the incomes and necessary monthly living expenses of each person. Sometimes, determining incomes can be very complicated and the source of much disagreement. The standard of living you and your spouse had during the marriage helps determine what a reasonable and necessary expense is after your divorce.

If one person has a large hole in his or her budget, and the other person has a surplus, then one person has a need for maintenance and the other person has an ability to pay maintenance. However, spousal maintenance is a complicated subject, and judges have wide discretion in determining whether spousal maintenance should be paid as well as the amount and duration of the payments. If this is something you and your spouse can’t work out, consult with your DIYVorce team.


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