Can I Claim Maintenance During the Divorce Process?

Yes, a spouse can claim maintenance during the divorce process. Maintenance, also known as spousal support or alimony, can be sought temporarily while the divorce is ongoing, to ensure that both parties maintain their financial stability during the proceedings.

Steps to Claim Maintenance During Divorce

1. Request Temporary Maintenance: If one spouse is financially dependent on the other, they can request temporary maintenance during the divorce. This can be done by filing a petition or motion for temporary spousal support in the court handling the divorce.

2. File a Motion with the Court: To request maintenance, the spouse seeking support must file a formal motion with the family court. This will typically require providing financial information and reasons for needing the support.

3. Provide Financial Information: The court will consider the financial needs of the requesting spouse and the ability of the other spouse to pay. This includes income, assets, debts, and standard of living during the marriage.

4. Consider the Duration of the Marriage and Contributions: The court may assess the length of the marriage, each spouse’s contribution to the household (both financial and non-financial), and the future earning potential of both spouses.

5. Health and Age Considerations: The court may also take into account the health, age, and earning capacity of the spouse seeking maintenance. If one spouse is unable to work due to health reasons, this might impact the decision.

6. Temporary Alimony Orders: If the court grants the motion, they will issue a temporary maintenance order, which provides financial support until the divorce is finalized.

Factors Considered by the Court

- Financial Needs: The financial requirements of the spouse requesting maintenance to maintain a reasonable standard of living.

- Ability to Pay: The financial ability of the other spouse to provide support, including income and assets.

- Length of Marriage: A longer marriage may increase the likelihood of being granted maintenance.

- Contribution to Marriage: The contribution of the requesting spouse, including homemaking, child-rearing, and career sacrifices.

- Health and Employment Prospects: The physical health and potential earning capacity of both spouses, particularly the spouse requesting support.

Legal Actions and Protections

- Consult a Lawyer: It is advisable to consult a lawyer specializing in family law to navigate the complexities of temporary maintenance requests and ensure proper legal representation.

- File for Spousal Support: If the temporary maintenance is not agreed upon, the court may need to issue a ruling based on the evidence and factors presented.

Example

If a spouse has been out of the workforce for several years due to raising children and is unable to support themselves financially during the divorce process, they can request temporary maintenance. The court will assess the spouse’s needs and the other spouse’s ability to pay based on income, assets, and other factors, such as the length of the marriage and contributions made to the household. The court may grant temporary alimony to ensure that the dependent spouse can meet basic living expenses until the divorce is finalized.