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Factors That Impact Spousal Maintenance

March 28, 2023

What Factors Determine Spousal Maintenance Payments?

Did you know that according to Times.com, about 39% of couples will get divorced? That is a high rate. Divorce is not something that anyone dreams of or wants. However, it happens. A common outcome of a legal separation is that one spouse must pay spousal maintenance to the other. However, few know what factors impact alimony payments. Well, we are here to help you understand what factors impact spousal maintenance. The factors include:


  • Self-Supporting Ability of Each Spouse: Alimony is meant to help support your former spouse at the end of the marriage. If both spouses earned a salary during the marriage, courts are less likely to award alimony. If one person quits their job to become a homemaker, they are more likely to receive spousal maintenance.


  • Your Salary: Courts use your salary as a factor when determining alimony payments. The court will analyze the higher-earning spouse’s salary along with the other spouse’s ability to be self-sufficient. The ability for each spouse to support themselves and spouses who have similar salaries will be less likely to have spousal maintenance.


  • Existence of Marital Misconduct: Misconduct such as financial mismanagement, physical abuse, abandonment, and neglect are factors that impact your alimony payments.


  • Child Care: When children are involved in a divorce, courts will often mandate that one parent provides child support payments to the other.


  • Standards of Living During Marriage:  Certain standards of living that were established during the marriage will be expected to be maintained for both spouses. So, the higher-earning spouse may have their alimony payments impacted by this.



Contact Our Spousal Support Lawyer Today!


The Law Offices of Steven H. Grocott is a spousal support attorney serving the Buffalo, NY area. Alimony is a fiercely contested subject when it comes to divorces. Each spouse either doesn’t want to pay it or thinks they deserve more. Regardless of the side you are on, our divorce attorney can help you. We will defend your rights and protect your interests in the family court system. Contact us today to schedule your initial consultation!

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