Maintenance

1. WHAT IS MAINTENANCE/ ALIMONY? A. Maintenance is financial support paid by one ex-spouse to the other after the marriage has legally ended. B. Maintenance is also sometimes called spousal support. C. Temporary Maintenance (also called pendente lite Maintenance) can be granted while the divorce is in progress, to help until the divorce is final. When the divorce becomes final, there may or may not be an order for Maintenance after the divorce. If Maintenance after the divorce is awarded, that amount could be higher or lower than the temporary amount. 2. WHAT IS SEPARATE MAINTENANCE? A. Separate maintenance is financial support paid from one spouse to the other while they are still married to one another. B. The court will order separate maintenance only if the spouse with money fails or refuses to support the other spouse and the other spouse is in "genuine need." C. Separate maintenance is used when the spouses do not want to get a divorce, but want to live apart or to get a legal separation. 3. WHAT IS THE PURPOSE OF MAINTENANCE? To provide "reasonable and necessary" support. The person asking for Maintenance must show the court that he or she needs financial support, and that the other spouse has the ability to provide financial support. 4. WHAT DO I DO IF I WANT MAINTENANCE? A. You can ask for Maintenance as part of a divorce proceeding. B. If you and your spouse reach an agreement about Maintenance, you can ask the judge to make the agreement a part of the court order. C. If you cannot reach an agreement, the judge will decide whether you are entitled to Maintenance. 5. WHAT IF I DON'T ASK FOR ALIMONY DURING THE DIVORCE, BUT LATER I DECIDE I NEED IT? You must request alimony during your divorce proceeding. You will not be allowed to request it after the divorce case is over. 6. WHAT DO I DO IF MY SPOUSE WANTS ALIMONY BUT I DON'T THINK I CAN PAY, OR I DON'T THINK HE OR SHE NEEDS FINANCIAL SUPPORT FROM ME? When one of the parties in a divorce or separation wants alimony but the other party does not agree, the judge will decide if an alimony award should be made and if so, for how much. 7. CAN MEN ASK FOR ALIMONY/ MAINTENANCE? Yes. Either spouse can ask the court to award alimony.

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