Maintenance continues to be a gray area of law, one that has no hard and fast rules. When you go to see a divorce attorney in mankato, you’ll find that no standard formula has been put into place. Often referred to as alimony, spousal maintenance requires that one spouse provide financial assistance to the other as he or she makes less money. This guarantees both parties maintain a reasonable standard of living. In addition, spousal maintenance may be issued in cases where a spouse cares for a child who has significant medical, mental or physical needs.
As the divorce attorney mankato will explain, the higher the income of the parties, the higher the maintenance issued, for the most part. Alimony tends to be ordered more frequently in those marriages which have lasted for a minimum of seven years and, if one party is unable to earn a ‘typical’ paycheck due to a disability of some type, maintenance is more likely to be ordered. Judges have leeway when determining the amount of maintenance the spouse receiving the maintenance will get. Fault doesn’t play a role in how much a spouse will receive in maintenance.
Spousal support or maintenance may fall into one of three categories. Temporary maintenance can be put into place during the divorce proceedings and is typically based on the amount of income each spouse brings in. Short term maintenance may be ordered for a set amount of time to give the spouse who earns less time to pursue further education or job training. Permanent or long-term support is issued in those situations where a marriage has lasted ten years or more or there are circumstances which prevent the spouse from becoming self-supporting.
Various factors are used to determine the amount of maintenance awarded. The judge looks at the financial resources of the spouse receiving the payments. This includes child support and marital property. The length of the marriage and the couple’s standard of living during the union play a role in maintenance payments, as does the loss of earnings, retirement benefits and employment opportunities of the spouse requesting alimony. Many other things are also factored into the calculation.
Visit a divorce attorney in mankato to discuss the particular circumstances of your divorce and maintenance request. He or she can best give you an estimate of payments. Remember this is an estimate though, as judges do have leeway.