Divorce FAQ

Because most divorces drag several months or even years before getting results, some people need to be supported through the long periods of waiting. This is especially true for people who have less means than their spouses. This kind of support is called "maintenance" and is given to one spouse for the purpose of maintaining the status quo while the divorce proceedings are ongoing.

Different states have different rules about whether one could be granted interim support as well as when the payments should start and how long one spouse will be getting it.

There are generally two major factors that determine a divorce court's decision about giving maintenance payment or temporary spousal support. One is the ability of a spouse to pay for maintenance, and the other is the spouse's financial condition which would merit support from his/her spouse.

The spouse who is seeking temporary spousal support has to show that there is a need for the support. The term "need" refers not only to the existence of basic needs, but also whether he/she has the ability to maintain an appropriate lifestyle or the kind of lifestyle he/she experienced while inside the marriage. If the spouse asking for spousal support has a "need" but also has the means that will enable him/her to provide the kind of lifestyle he/she used to have while married, then the petition for spousal support will most likely be rejected. To establish the need, financial documents should be presented to the court as evidence.

On the other hand, the spouse who will become the payor of the spousal support will be examined on his/her ability to pay. This means whether he/she has the means to pay spousal support without sacrificing his/her own well-being in the process. For a spouse to be required to become a payor of maintenance, he/she has to be able to maintain his/her own standard of living together with the amount he/she will pay the other spouse for support.

Other minor factors that could weigh in the decision of divorce courts about the temporary spousal support include whether one party was at fault for the divorce or whether one is still able to work based on one's age and health. Another factor to be considered is whether one has had enough educational credentials as well as working experience to be able to get a decent job.

Some people who devoted themselves to the marriage, especially those who stopped working in order to take on the role of primary care giver of the children, have not had the chance to build a good career for themselves. As such, they are not what you would call marketable anymore and may be more likely to get spousal support when they request it.

Maintenance support payments can both be retroactive or could start as soon as the court rules that temporary spousal supports can be paid.

Court orders for making spousal support payments can also be modified based on whether the financial situation of the payor or the payee changes. This means that when the payor suddenly becomes unable to pay for the support without affecting his own lifestyle, or when the payee is suddenly gainfully employed that maintenance would not be necessary anymore.