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Understanding Alimony and Maintenance
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By: XSTILLA.COM
Alimony, spousal support, or "maintenance" as it is now usually called in most areas, refers to the regular, monetary payments one spouse must make to the other following the dissolution of their marriage. Not to be confused with child support payments, the amount and length of maintenance payments made to one ex spouse from the other will depend on a number of varying circumstances.
Since 1999 when new laws were enacted, there are three different types of maintenance awards, each with its own specific purpose, although more than one type can be ordered in any one case. These types of support payments include transitional support, or rehabilitative support, compensatory support, and basic spousal maintenance.
How Alimony and Maintenance are Determined
Each state has their own set of guidelines to govern the amount of alimony that may be awarded following a divorce. These rules are in place to dictate the length of time or duration of the payments, also, depending on the state of residence, spousal support may cease if the recipient ever remarries.
While permanent maintenance may be granted in some states, other jurisdictions or circumstances may limit the length of time payments are to be made, which is then referred to as short term, transitional support, or rehabilitative maintenance. An award of rehabilitative payments may be ordered cover the estimated amount of time it should realistically take the other party to get an education, or rejoin the workforce and establish a financial foundation.
In most states, maintenance payments are determined by factors such as the earning capacity of each party, and the ability of each to be self-sufficient. The time spent by each party establishing their respective careers, how long it took to complete schooling, or training, and how much each party may have contributed toward the career advancement of their former spouse may also weigh heavily on the court's decision. This type of maintenance is commonly referred to as compensatory support.
The loss of earnings, or future earning capacity, resulting from a previous role in held the marriage, such as a full-time homemaker, may also be taken into consideration by the courts when determining the length and amount of maintenance the non-paying party is eligible to receive.
The term spousal maintenance is what the court considers to be the basic standard of living that was established throughout the course of the marriage. Maintenance is usually paid in regular, monthly installments, however, a judge does have the option of ordering that the money be paid all at one time in a lump sum.
Although the specifics may vary from one state to the next, some other main factors the court system uses to calculate the amount and length alimony and maintenance include the following:
- The total income of each person, as well as the future earning capacity of both parties
- The current, and specific needs of each party
- The amount of property owned by both parties
- The number of years married
- The age, health, and mental well being of both parties
- Whether or not there are any standing financial agreements between the parties
- Any other mitigating circumstances or equitable factors
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