Q: How do I know if I will be able to receive maintenance if I get a divorce?
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A: Generally, the presumptive award of spousal maintenance is paid by the spouse with the higher income. The court has a fair amount of discretion to adjust the award based on fairness.
Christine Moccia agrees with this answer
A: There are two types of maintenance -- temporary and permanent. Temporary maintenance is provided to the spouse with the lower income based on a formula that also takes into consideration temporary child support being paid by the higher income spouse (assuming that spouse does not have temporary custody). Permanent maintenance is the long term maintenance that is part of the divorce package along with division of marital assets. The Court has wider discretion as do the parties in determining what the long term maintenance will be, and will consider many factors the most important (I believe) being the length of the marriage.
A: Spousal support is paid based on the length of the marriage and the income/ expenses of the spouses. It can also be negotiated as part of a marriage settlement agreement. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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