There are times when couples go through the phase of separation or divorce and straightaway consider themselves eligible for the spousal maintenance. However, it is not as straightforward as you might think of it. The spousal maintenance is hard to obtain and you have to be eligible for it. One is in need of demonstration a number of different things in order to acquire a successful spousal maintenance order. Here, we will look at the eligibility criteria, types of settlements, and how to apply for maintenance order.
Who is eligible?
The eligibility criteria is simple and applies to anyone who is looking to file a spousal maintenance case. First of all, you are required to demonstrate that you are not able to support yourself appropriately.
Moreover, the reason for being unable to support should be listed clearly. Some of them include having a children who is under the age of 18 and you have to take care of your child, having a physical or mental disability with yourself or your child, or even the fact that one is working but does not earn sufficient amount of money to adequately support the living.
Also, the opposing party should have enough resources with which one is able to cover his own the living expenses and provide support for others too.
Types of settlements
There are four primary types of settlements that can be reached by the spousal maintenance order. These include:
- One spouse paying the other a specific lump sum amount on a once off basis.
- One is bound to pay a small amount of money to the other person on weekly, fortnightly, or monthly basis for a given time i.e. 6 months, a year, etc.
- One providing vehicle, transportation facility, accommodation, or make suitable arrangements for living and occupation of the other spouse.
- One spouse make payment for the other spouse of listed expenses that may include health insurance, loan repayments, listed bills, etc.
Applying for spousal maintenance
In order to apply for the spousal maintenance, get yourself a good lawyer. A court demands an application along with affidavit and financial statement. The evidence must be provided covering numerous matters. One should be able to come up with the following:
- Day to day expenses that covers the necessities of life and living along with the proof (which may include your things such as your grocery receipts)
- Which party is going to take care of the children
- What is the age of the parties and what about their health condition?
- Income of both parties along with the property and financial resources
- Whether the spouse who is applying for spousal maintenance can work?
- Suitable living standard for the two parties
- Effect of marriage on the spouse’s earning ability who is earning lower income
All these things have to be covered and a good lawyer will be able to prepare a solid case which addresses all the matters listed above.
Mathews Family Law & Mediation Specialists is a reliable firm with respect to quality and value representation in our family law, divorce and mediation services. Our specialist family lawyers and mediators are widely recognized experts in the family law field.