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Divorce And Family Law - A Look At Spousal Maintenance

Author : Matt Kirkman

Through the last half of the 20th century, an average family would undoubtedly find the husband going out to work and therefore serving as the breadwinner, while the wife remained in the home and looked after the household as well as the children. In this situation, whenever a married couple got a divorce, some form of spousal maintenance, or alimony, would've been rather typical. Seeing that the wife spent the majority of the marriage attending to the home, and therefore had not pursued any kind of career or occupation, she would probably struggle to support herself after the divorce if she didn't receive this contribution from the ex-partner.

Today, most households require more than one income in order to maintain a modern day lifestyle. This typically means there may be more than one breadwinner - unlike past generations. Whilst alimony and spousal maintenance contributions may still be part of the divorce settlement, they aren't certain, nor will they be always provided by the husband for the benefit of the wife. Modern-day divorces might involve a wife and husband who are perfectly able to support themselves independently, so no maintenance would be needed. Additionally, in scenarios where the wife was perhaps the main breadwinner in the marriage, she may be required to provide alimony contributions to her husband.

Nobody in a marital relationship has an inherent responsibility to help support their former partner as soon as they are divorced. Each individual scenario will be different; and whether or not spousal maintenance is necessary, and if that's the case, how much should be paid and by whom, can only be determined after studying the husband and wife's specific circumstances. If it is possible that you'll be expected to pay some kind of maintenance payment after your divorce, here is a bit of information that may be useful.

Maintenance payments come in various sizes and shapes, with respect to just how much you're expected to pay, and also just how long you will need to pay it for. You might be expected to pay a lump-sum to yourex-spouse as soon as the divorce has been finalised. Then again, you may be expected to provide your ex-spouse with regular payments, for a specified length of time. This can be a short-term requirement, until they have got the skills, training, or employment they need to become self-supporting; or it may be long-term, and in a certain amount of cases, for the remainder of their life, or until such time as they get married again.

In the event that you are expected to provide regular spousal maintenance payments, it's important that you understand that these contributions may be altered or changed at some point in the future. This might just be due to variations in the cost of living or, as is sometimes the case, whenever the financial circumstances of the provider or maybe the recipient change. If the man or woman making the payments experiences a substantial rise in salary, a modification would be expected to raise their payments.

The level of maintenance can be decreased as well, if the man or woman receiving the payments enjoyed a significantly improved financial situation, or perhaps the provider's economic situation worsened, for instance. However, the scope for modifying spousal maintenance contributions might be reduced by the original divorce agreement, which is the reason it's always important to make sure you receive the appropriate legal advice.

Author's Resource Box

In cases where you are living in or around the Leeds area, and youre dealing with a Family Law Leeds situation, a Family Lawyers Leeds office will be able to provide the help you might need.

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Tags:   divorce, family law, separation, child custody, maintenance, solicitor, lawyer, manchester

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Submitted : 2011-05-15    Word Count : 870    Times Viewed: 504