Spousal Maintenance

Spousal Maintenance, also known as alimony, is not always available. Spousal maintenance is more likely to be awarded in a marriage of long duration, to the person with the lesser income and to the one having custody of the children.


Remarriage

Remarriage of the dependent spouse always stops Spousal Maintenance.

Can Men Get Spousal Maintenance?

Gender of the spouse is not a factor in awarding maintenance, so men are just as likely as women to get a maintenance award. In fact, we see in the news all the time that women of means are often directed by the court to pay maintenance to their ex-husband.

Modifying or Canceling a Maintenance Award

A maintenance award can be changed based on a change of circumstances. If the financial or life situation of one of the spouses changed in major way, a previous maintenance award can be modified or even cancelled. However, it is wise not to stop paying maintenance without the court's prior permission.

Non-Payment of Maintenance

When the responsible party stops paying maintenance without the court's prior permission, the court will most likely direct the sheriff to collect back maintenance, together with interest and attorney's fees.

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Keep records of your expenses, as many judges will examine both parties' expenses in a maintenance hearing.

Albert Gurevich, Esq.