It’s common in divorce cases for the less-monied spouse (the one with the lower income) to seek various forms of maintenance from the other spouse. It’s possible to work with your divorce or family law attorney to request both “temporary” maintenance, and post-divorce maintenance or to oppose the request for it, depending which side of the equation you find yourself.
Awards for both temporary and post-divorce maintenance are retroactive to the date of the application, and both forms of maintenance are awarded based on a specific formula. However, temporary maintenance isn’t subject to the same advisory schedule regarding duration. It’s also possible for amounts paid before a divorce is finalized to be considered when calculating the maintenance to pay.
Let’s explore some of the factors which might impact the kind of maintenance payments awarded to the less-monied spouse during divorce proceedings. Continue reading ›