Factors That One Should Know to Understand the Various Aspects of Spousal Maintenance
A divorce often leads to serious complications during the final stages of the official separation of the couple, mainly because of the inability to arrive at a settlement about spousal maintenance.
According to the lawyers attached to Strategic Lawyers, a law firm in Townsville well known for their Family Law Solicitors, money becomes the bone of contention between fighting couples. Whether one partner should support the other financially after separation is a critical question that only experienced Family Law experts can help resolve and arrive at an amicable solution. The lawyers can guide couples to navigate the sticky pitch of spousal maintenance and arrive at a fair and satisfactory settlement. Whether one partner should financially support another is difficult to decide, and courts consider multiple factors before giving a verdict.
Grounds for awarding spousal maintenance
Among various factors that the court considers to decide about awarding spousal maintenance, they pay special attention to the handling of marital assets by one of the spouses. If a spouse engages in reckless spending that causes intentional wastage of material assets, the court would consider its effect on the ability to pay and spousal needs. Suppose one of the spouses buys a sports car that costs more than their annual income; it would amount to wasting material assets that adversely affect the family’s financial standing. Again, if a spouse makes too many high-risk investments, carries too much debt, or engages in habitual gambling, all actions are examples of destroying material assets.
Another aspect the court inspects critically to decide on spousal maintenance is any spouse’s attempts to demonstrate poor financial condition by deliberately accepting unemployment or under-employment and even trying to conceal assets.
In addition, the court also considers the financial resources of the spouse seeking maintenance, which includes owning property and property allocated by the community. Another point to consider is how well the person seeking maintenance can support themselves to meet their own needs. In addition, the standard of living that the couple maintained before separating, the financial condition of the spouse seeking support, the duration that the marriage lasted, and the time that the support-seeking spouse needs to acquire skills and knowledge that should help to find a job.
The link between spousal support and child maintenance
If the couple seeking divorce has children, the court would consider their parenting plan to ascertain the tenability of spousal maintenance. Therefore, the court will look closely at the amount a spouse receives toward child support, which strengthens the spouse financially. Although the money received from child support is for the child’s benefit, the parent will also benefit financially. The money received toward child support might help the parent to pay for utilities, rent, and internet access over and above meeting the expenses toward the child’s or children’s food, clothes, and recreation.
Spousal maintenance might be short-term, long term and temporary based on the court’s decision by considering various factors. Family lawyers play a critical role in helping clients receive a just and fair decision.