Will you have to continue to support your spouse after you are separated and divorced? The answer to this question is determined by a variety of different circumstances and factors.
Some of the important factors that the court considers in this regard include: the incomes of both parties’, the earning capacity and potential for increase in earning potential of each party, the standard of living during the marriage, and the age and health of each party. In general, courts will likely look at the financial needs and circumstances of the spouse requesting support, and whether the paying spouse can afford the support payments.
Payment obligations will ordinarily end with, the death of either spouse, or remarriage of the recipient spouse. Circumstances that can lead to a modification or termination include: the paying spouse being laid off or retired, the recipient spouse has a substantial increase or decrease in income, or the recipient spouse begins to live with another person (cohabitation). In a cohabitation case, the court may not automatically modify or terminate spousal maintenance, as it may consider whether the living situation looks like a marriage and if the recipient spouse is undoubtedly gaining financially.
If you are interested in pursuing or modifying spousal maintenance, Seymour Family Law will help you evaluate your case and take the necessary steps to protect your best interests in your spousal maintenance agreement. We strive to keep the cost of litigation and the stress of the courtroom to a minimum by finding suitable agreements outside of court. However, if we can’t come to an agreement outside of the courtroom, we are very poised trial attorneys and will fight for what you legally deserve.