Unlike the formulaic nature of child support, the determination of spousal support has much more leeway. We can guide you through this process.
With most divorces, separating spouses think they will be supported in the same way they were in the marriage. Unfortunately, this is not the case because a divorce takes a family from income that supported one household to the same income supporting two households. Child support and property division are also factors in determining spousal maintenance.
Four factors are typically examined in order to appropriately determine a spousal support amount that is fair to both parties:
- Length of marriage
- Earning ability of the person asking for support
- Is the person asking currently working – if not, can they work?
- Earning ability of the person paying support
It is also important to differentiate between the two types of maintenance:
- Modifiable maintenance is open-ended and can be changed from month to month based on need.
- Non-modified maintenance is contractual and locks a specific amount for a specific time period.
Several other factors are also considered during these negotiations and the attorneys at the Marler Law Group, LLC, can guide you through these challenges and help you arrive at a beneficial resolution.