Q: Is my wife automatically entitled to maintenance?

A: No, your wife is not automatically entitled to maintenance. The Court considers the earning ability of both parties, the standard of living enjoyed during the marriage, the length of the marriage, and whether or not your spouse can support herself without continuing assistance from you.

Q: I heard that there is a formula for maintenance?

A: No, there is no formula for maintenance. The Court considers each case individually. However, if your combined gross incomes are $75,000 or less, there is a presumption that your spouse is entitled to maintenance on a temporary basis.

Q: How long would I have to pay my wife maintenance?

A: Each case is considered separately. However, permanent maintenance (Lifetime) is a rare occurrence but happens in some cases if the spouse is disabled, or for some valid reason is unable to support herself. If rehabilitative maintenance is awarded, it is usually for a short period of time usually to give the wife the time and education necessary to be able to support herself.

Q: If my spouse is awarded a decent portion of the cash in the divorce (say $60,000) would that be taken into consideration when/if maintenance is requested? Can't that cash be used to help my spouse support themselves during the transition

A: Good question. Yes, the cash payment would be considered if your spouse requests maintenance. However, if the cash is in the nature of a property settlement rather than maintenance per se, it is NOT used to offset an award of maintenance. If your spouse requests permanent maintenance,the court will consider several factors including the amount of property awarded to her, the length of your marriage, the earning ability of both you and your spouse, whether or not you have children under the age of 30 months, the standard of living enjoyed during the marriage, whether or not your spouse can support herself without your assistance, whether or not your spouse worked during the marriage, your ages, and your ability to pay.

Q: If my Divorce papers say I have to pay maintenance for 10 years and i cannot not go back to court and change it, Is it possable to change it? thanks rick

A: If your maintenance is contractual nonmodifiable, then you cannot change it. If it is modifiable, you can change it if your circumstances have changed.

Q: My wife left me 9 months ago to live with her boyfriend. Will her living with someone else affect the amount of maintenace I will have to pay her in the event of a divorce. Also, is there any advantage of waiting? Is the maintenance amount affect by the amount of time she has lived with her boyfriend?

A: The amount of maintenance will be affected by the contribution made by the boyfriend to your wife's living expenses. He will be viewed as a roommate. Without knowing the specific facts of your case, I don't know whether or not there is an advantage to waiting to file for divorce. No, the maintenance amount is not affected by the amount of time your wife has lived with her boyfriend.

Q: my soon to be ex has spent thousands for 2 yrs. on his mistress and has now hired her in our own business without my knowledge. we are in the midst of separation and divorce. can any money he's spent on her be reimbursed or used in maintenance? also is there a precident for suing the mistress for breaking up a marriage?

A: Unless your husband has incurred debt to support his mistress which he can be obligated to pay, any money that he has spent is gone. There is no precedent for suing a mistress for breaking up a marriage. This is a no fault state. In other words, the Court doesn't care why your marriage is ending, and who did what to whom. It is simply about kids, money and property.

Q: I am just about to go through a divorce We were together for 5 years married for 2 years 4 months ....I had the better paying job ...I am asking him to sign off my pension ...If he will not what percent will he be intitled too....Also I have a child that has no father ,,, he was the only father she knew ...I have never recieved support for her. Can I recieve support from him?

A: I have no idea how much of your pension your soon to be ex-husband would be entitled to. It depends on your entire marital estate which gets divided. If your husband never legally adopted your daughter, he has no legal obligation to pay child support.

 

TOPIC: MAINTENANCE (FORMERLY ALIMONY)

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