Spousal Maintenance

Spousal Maintenance

SPOUSAL MAINTENANCE

Spousal maintenance, (aka "alimony"), may be awarded following a divorce or legal separation if the court deems this type of financial support necessary. Spousal maintenance may be awarded to women or to men.  The Court looks at several factors to determine 1) if spousal maintenance is called for and, if it is, 2) how much and 3) how long  spousal maintenance be ordered to be paid.  The Court will consider several factors including the length of the marriage and the respective financial situations of both parties.  The Court will also consider the age and health of the parties.

Financial Disclosure of Documents

Certain documents are required to be disclosed by both parties in almost all types of family law cases.  The kind of case determines the documents that need to be disclosed, i.e. provided, to the other side.  In most family law cases, involving spousal maintenance or not, both parties will be required to complete a document called an Affidavit of Financial Information and exchange this document with the opposing side.  The Affidavit of Financial Information details the educational experience, income and monthly expenses of a party.  The Court requires parties to attach proof of income such as paystubs, W2s and tax returns to the Affidavit of Financial Information.  If property is at issue in a case, the parties will also be required to disclose the last six months of all bank account statements.  Keep in mind that the documents required for disclosure depend on the type of family law case.  Disclosure may feel invasive and complicated but it is needed to help both sides or the Court determine the best resolution to all issues.  If the opposing side is withholding disclosure and refusing to provide you with relevant documents, there are many solutions including subpoenaing financial institutions, asking the Court for help and even hiring a forensic accountant. 



Make an Appointment

If you want to request spousal maintenance, or if you are already involved in a case related to spousal maintenance, I can help. I can also help with disclosure issues in your family law case.  Please click the link below or contact the office today to schedule a consultation.

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