• Who Gets What A Comprehensive Guide to Maintenance in Divorce

  • Oct 8 2024
  • Length: 3 mins
  • Podcast

Who Gets What A Comprehensive Guide to Maintenance in Divorce

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  • Summary

  • In divorce proceedings, spousal maintenance (alimony) plays a key role in ensuring financial fairness between the parties. Determining "who gets what" depends on several factors, including the length of the marriage, each spouse’s financial resources, earning capacity, and contributions to the marriage, both financially and non-financially (e.g., homemaking or child-rearing).


    The spouse with lower income or less earning potential is typically awarded maintenance to help them transition to financial independence. Courts also consider the standard of living established during the marriage, aiming to prevent significant economic hardship for either party.


    Maintenance can be temporary, to provide immediate support during the divorce, or rehabilitative, to assist with education or job training to boost earning potential. In longer marriages or situations where the recipient spouse may not be able to become financially self-sufficient, permanent maintenance could be awarded.
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