Spousal support and maintenance

Spouses are responsible for caring for each other

I If the couple has a legal marital relationship and both sides survive, then they are responsible for caring for each other as long as the marital relationship is maintained.

What is Spousal Support?

I If two people are currently married and one spouse receives financial support from the other, it is called “spousal support.” Spousal support is the financial support provided by one spouse to the other during the course of the marriage. There is no limit to the duration.

How to apply for spousal support?

A A spousal support request begins with the filing of a spousal support petition in the Family Court. There is no separate application fee required by the family court. Minor child support and spousal support can both be filed in the same petition.

Spousal Support Hearing Process

W When a petition is received, it must be served on the other party through summons, petitions, and financial disclosure forms. At this time, the person submitting the petition is called a petitioner, and the other party is called a respondent. A summons informs the respondent of the date and place of the hearing. The judge or support magistrate will probably want to know the financial status of both sides. The court will require you to submit a copy of your most recent tax returns, pay stub, and completed financial disclosure affidavit. After hearing both sides’ positions, the court will decide who of the two should pay how much money to the other spouse. Both parties have the right to have a lawyer. If you are not able to afford a lawyer, you may get a public attorney for free in court.

After the divorce, you can receive maintenance

I If the couple is already divorced, the financial help received by the divorced ex-spouse is called “maintenance.” The maintenance amount is determined by the Supreme Court while the divorce case is being processed. If an order for spousal support is issued by the family court before the Supreme Court, the spousal support order issued by the family court will be terminated as soon as the Supreme Court makes a final ruling on divorce. However, if the divorce judgment specifies that spousal support will result in maintenance after divorce, you will continue to receive financial support after the divorce. 

Posted Under Law
error: Content is protected