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Divorce is no trivial matter. It is an act that is too often portrayed as rather commonplace and easy. The fact that the laws make it easier to divorce and that more people than ever before actually go through the process of ending their marriage does not in any way lessen the strain and stress of it—especially when it comes to money.
Having to acknowledge the failure of your marriage has taken a serious emotional toil. You invested years in a relationship that has fallen to pieces, and one of the biggest questions looming before you is how to make a life of your own in the wake of it. The most worrying part of this is what to do about money. You were meant to live as one; now you must figure out how to survive as a person separated from a combined estate.
Maintenance or spousal support laws are designed to help individuals in your position. The battle to get the money you are legally entitled to receiving begins straightaway. Once divorce papers have been filed, your first act should be to retain legal counsel. Indeed, the moment you know that the divorce is inevitable you should hire a lawyer to begin planning your strategy for the procedure.
The first motion you should file after the suit for divorce has gone through is for temporary maintenance. Temporary maintenance is allowed only while the divorce is pending. The law gives judges very little discretion in deciding whether a spouse should receive it. In the vast majority of cases, the decision goes in favor of the person filing the motion. Temporary maintenance requires that 30% of the income of high earning persons and 20% of the income of low earning persons be given over.
The permanent alimony or maintenance arrangement will need to be dealt with separately. It will be decided as part of the larger divorce settlement. Getting your fair due as the ex-spouse of a high earning person will require a fight. Unless your ex has already determined that they will do right by you and agree to a financial support package that is adequate to your needs you will have to gear up for a real struggle.
A lawyer can help you prevail. However, you must hire an attorney who is specialized in handling such cases. They are the only ones who possess the knowledge, skill, ability, and experience to produce an outcome that is in your favor.
There are many factors that the judge will consider when deciding on permanent maintenance. The income and property of you and your former, the length of the marriage, your age and health, the number and ages of your children—these are a few of the many things that will be looked at while the decision is being made. The legal team working with your ex-partner will work night and day to ensure that you get as little as possible. You must ensure that you have lawyers who are more than up to the task of seeing that such an outcome does not materialize.
The person representing you must be able to present your case in a stark and compelling way. They must have complete command of the law and of the facts related to this case. Pursuing your right to spousal support does not amount to greed. It is about maintaining a dignified lifestyle. And if you have children, it is about protecting them and doing what is for their future. You must get engaged with the fight for your spousal rights as soon as the divorce starts if you are to prevail when the proceeding ends.