Do you need to make maintenance payments after a divorce?

It is common for families to rely on the income from one party while the other stays at home to look after the children. Considering how the non-working party will continue to support themselves after divorce, you may need to consider maintenance payments.

Can a maintenance agreement be reached between two parties?

If both parties agree, the amount of maintenance to be paid can be agreed between the parties. If the parties cannot agree on the amount of maintenance to be paid, it will be necessary to apply to the District or Circuit Court, depending on the amount of maintenance that is sought.

Can a court order a spouse to pay spousal maintenance?

Section 7 (1) of the Act provides that the court, when granting a decree of divorce, may in accordance with the written agreement between the parties, make an order with regard to the payment of maintenance by one spouse to the other.

Can a civil partner not seek maintenance in a separation agreement?

A clause in a separation agreement stating that a spouse/civil partner will not seek maintenance in the future or seek increased maintenance is unenforceable.

What does it mean to pay maintenance after a divorce?

What are maintenance payments after a divorce. A judge can make one spouse pay the other spouse money on an ongoing basis after a divorce. This is called “maintenance.”. It used to be called “spousal support” or “alimony.”. The purpose of maintenance is to help the ex-spouse support themselves.

Can a court give a spouse a maintenance order?

In a proceeding for nonretroactive invalidity, dissolution of marriage or legal separation, or a proceeding for maintenance following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse, the court may grant a maintenance order to either spouse, but only if it finds that the spouse seeking maintenance:

Can you get separate maintenance with legal separation?

However, it is possible to obtain separate maintenance with a legal separation. Separate maintenance is similar to alimony or spousal support, but it’s not called alimony because the couple is still legally married.

How is separate maintenance different from spousal support?

Separate maintenance is similar to alimony or spousal support, but it’s not called alimony because the couple is still legally married. The factors used to determine separate maintenance are similar to those for determining alimony, and will depend entirely on the laws of your state.