We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
Maintenance: A Comprehensive Guide to Legal Support in Family Law
Definition & Meaning
Maintenance, in the context of family law, refers to financial support provided by one spouse to another after separation or divorce. This support, often known as alimony or spousal support, is determined by a court order. The purpose of maintenance is to ensure that the receiving spouse can maintain a reasonable standard of living similar to what was established during the marriage. The specific amount and duration of maintenance can vary based on several factors, including the financial needs and abilities of both parties.
Table of content
Legal Use & context
Maintenance is primarily used in family law, particularly during divorce proceedings. Courts assess applications for spousal support based on various factors, including the duration of the marriage and each spouse's financial situation. Individuals can often manage the application process through legal forms, such as those provided by US Legal Forms, which are drafted by qualified attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
(Hypothetical example) If a couple was married for 15 years and one spouse has been out of the workforce for a significant period due to raising children, the court may award maintenance to support that spouse as they transition back into employment.
(Hypothetical example) In a case where one spouse earns significantly more than the other, the court might order the higher-earning spouse to provide maintenance to help the lower-earning spouse maintain their standard of living after separation.
State-by-state differences
Examples of state differences (not exhaustive):
State
Maintenance Guidelines
California
Maintenance is often awarded based on the length of the marriage and the standard of living during the marriage.
New York
Courts consider various factors, including the age and health of both spouses, and may award temporary or permanent maintenance.
Texas
Maintenance can be awarded only if the marriage lasted at least 10 years and the requesting spouse lacks sufficient property to provide for their minimum reasonable needs.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Alimony
Another term for spousal support, typically used interchangeably with maintenance.
Child Support
Financial support specifically for the care and upbringing of children, separate from spousal maintenance.
Separation Agreement
A contract between spouses outlining terms of separation, which may include maintenance provisions.
Common misunderstandings
What to do if this term applies to you
If you believe maintenance applies to your situation, consider the following steps:
Assess your financial needs and the ability of your spouse to pay.
Gather documentation related to your marriage, finances, and any relevant changes in circumstances.
Consult with a legal professional to understand your rights and options.
Explore US Legal Forms for templates that can help you file for maintenance or respond to a request.
For complex situations, seeking professional legal help is recommended.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.