Maintenance
Maintenance is "spousal support" paid by one spouse to another (formerly and commonly known in some states as "alimony").
You must clearly understand that after your divorce, you and your spouse will not have as high a standard of living as you each had while married, especially if you are both employed at vastly different incomes. However, the Courts long ago stated, "The Duchess should not be required to live on the wages of the scullery maid" after a divorce. Casper v. Casper, 510 S.W.2d 253 (1974 Ky.)
Standard of living
What was the standard of living established during your marriage? "Standard of living" is basically a function of income and spending and a picture of how you lived. Your attorney must therefore first know how much money you both earned in each year and how much you spent. Again, accurate records are helpful.
Get out your checkbook register, your tax returns and your credit card statements. With that information in hand, your attorney can help you gather the information and the supporting documentation needed to address your request for maintenance.
A spouse's special needs
All of these special needs are expensive and many can be included in the calculation of maintenance in a divorce:
- Do you have a serious medical condition which require on-going medical treatment?
- Are you learning disabled?
- Are you disabled in any other way?
- Are you receiving therapy, counseling or psychological care?
- Are you continuing your education?
- Are you a displaced homemaker?
- Will you require vocational rehabilitation before you enter today's workforce?
Your medical records
It is possible that your attorney will need to obtain a copy of your medical records from your doctor, psychologist, therapist or other provider to prove your claim for maintenance.
Important reasons to demand maintenance
- Disparity of income and length of marriage which requires rehabilitation money to the disadvantaged spouse.
- Special circumstances during the marriage requires maintenance.
- Physical, mental or emotional disabilities which requires maintenance.
Temporary maintenance
Temporary maintenance is money paid while you divorce is pending. You and your souse can decide how much that will be, or, if no agreement can be reached, the Court will decide at a hearing. By definition, this type of maintenance ends when the divorce is final or sooner if so ordered by the Court.
It is important that your list of monthly living expenses be as complete as possible at the hearing for your request for temporary maintenance. Also, at the conclusion of your divorce, the Court will use the list of your expenses, among other factors, in determining whether permanent or rehabilitative maintenance is appropriate.
It is difficult the Court that your permanent expenses are significantly different (either less or greater) than those you listed for your temporary maintenance hearing.
Rehabilitative maintenance
Rehabilitative maintenance is money paid by one spouse to the other, usually in a relatively short-term marriage. This is paid with the specific purpose to help the financially disadvantaged spouse get the training necessary to support himself or herself. In Indiana, it cannot last more than three years.
Rehabilitative maintenance is often used to finish a college degree or gain specialized training in order to assit the disadvantaged spouse in become self-sufficient.
Permanent maintenance
Permanent maintenance is just what is sounds like. It is maintenance paid by one spouse to the other for life or for as long as the other spouse is disabled. In this day and age, it is the exception rather than the rule.
Most divorce lawyers agree that they rarely see parmanent maintenance paid unless the spouse is disabled and the marriage is very lengthy.
If you are thinking about divorce, our attorneys can help you find the solutions. Contact the family law attorneys of Waters, Tyler, Scott, Hofmann & Doane -- (812) 949-1114. Weekend and evening appointments are available; major credit cards accepted.
