Married couples have an obligation to support each other financially. When a marriage ends, a spouse who was financially dependent might be left with inadequate resources. They might need ongoing financial support from their former spouse to allow them a reasonable lifestyle.
Spousal support, which is often called maintenance, is not automatic. Courts consider multiple factors when determining spousal support payments in Hartford. If you believe this may be an issue in your divorce, work with one of our skilled spousal support attorneys. We have substantial experience handling all the issues that arise in divorce, including maintenance.
When a couple files for divorce, they often live separately or are in the process of establishing separate households. They must maintain two households on the same income that formerly supported just one. Their access to marital property, like savings or investment accounts, is limited while the property division process is ongoing.
The spouse with fewer resources might face financial hardship during this period. A spouse could apply for alimony pendente lite, which means support during the pendency of the legal action.
A court would consider both spouses’ income and expenses when deciding whether to grant spousal support while the divorce is pending. A Hartford attorney can offer insight into other factors that might impact a decision on pendente lite alimony in a specific case.
Either spouse can request the other spouse pay them alimony. A spouse seeking ongoing support must ask for it, demonstrate their need, and establish that the other person can pay.
Connecticut General Statutes § 46b-82 gives judges considerable discretion regarding spousal support. There are numerous factors a judge could consider when deciding whether to award spousal support, including the:
When the couple has minor children, and the spouse requesting support is also the primary caregiver, the court will consider whether the spouse should enter the workforce.
Fault for the divorce also factors into the spousal support decisions. When the requesting spouse suffered financially because of the other spouse’s conduct during the marriage, spousal support could be a way for the court to offer redress to the wronged spouse. A Hartford lawyer can advise someone on whether marital misconduct might have an impact on a spousal support decision in their case.
Some states apply formulas to calculate spousal support, such as how they handle child support, but Connecticut does not. A judge considers the factors set forth in the law plus any other information they deem relevant to decide whether a spouse should receive alimony and, if so, how much and for how long.
A judge could award rehabilitative alimony to allow the receiving spouse time to become self-supporting. Rehabilitative alimony is awarded with the expectation that Hartford spouses will use the time they receive support to get further education and training and become more employable. When a spouse’s age or health prevents them from joining the workforce or becoming self-sufficient, a judge can award permanent alimony. However, the judge must articulate their reasons for making a permanent alimony order.
Couples are free to negotiate a spousal support arrangement that best reflects their circumstances. Doing so is usually advantageous because the couple and their attorneys are in the best position to evaluate their current needs and anticipate future developments. Couples must submit their agreement to the judge for approval, and the agreement will be incorporated into the divorce order.
A couple could waive any right to spousal support in a prenuptial or postnuptial agreement. Although these agreements are usually enforceable if they are drafted and executed correctly, a judge can review the impact of the waiver given the spouses’ current circumstances. A judge could set aside a spousal support waiver if enforcing it would be shockingly unfair or leave the waiving spouse impoverished.
Spousal support has a significant impact on your life post-divorce, whether you are receiving it or paying it. It could influence your financial stability for years.
Determining spousal support payments in Hartford depends on multiple factors. Consult a hardworking family attorney with substantial experience working with divorcing couples and spousal support issues. Get in touch with our legal team today.
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