People frequently make personal sacrifices that benefit their families. For example, a new parent might leave their job to focus on raising their children for a few years. Sometimes, one spouse stays home to run the household so that the other can focus on their career.
In such scenarios, the person who leaves the workforce may experience a significant drop in their earning potential if they ever return to work. That may result in the family courts ordering spousal maintenance in the event of a divorce. Also known as alimony or spousal support in other states, spousal maintenance is a way for a higher-earning spouse to repay the career sacrifices and unpaid labor provided by the other after divorce.
When can spouses making or receiving spousal maintenance payments expect their obligations to end?
After a certain number of payments
Most court orders authorizing spousal maintenance impose a specific financial obligation that lasts for a set amount of time. Once the recipient spouse has received a certain number of months of support, the obligation of the other spouse to continue making payments ends.
When the recipient remarries
If the party paying maintenance remarries, their new relationship does not terminate the obligations they have based on their former marriage. However, if the recipient remarries, that usually means they now have a new source of financial support. The courts frequently terminate spousal maintenance when a recipient remarries.
In fact, if they start living with a romantic partner, that may affect their eligibility for ongoing maintenance as well. In some cases, the spouse paying maintenance may have to file a formal modification request with the family courts to end the support payments early based on the new living arrangements of the recipient. They usually need evidence that the cohabitation has significantly changed the recipient’s financial circumstances.
When either party dies
Obviously, a person receiving spousal maintenance who dies no longer requires that financial support. Similarly, those making payments cannot continue to do so after they die. However, recipient spouses can sometimes receive compensation from the estate of a deceased spouse based on outstanding maintenance obligations in some cases.
Understanding the rules for spousal maintenance can help people negotiate as they prepare for divorce and/or recognize when they may need to go back to family court. Sometimes, people can adjust or end spousal maintenance based on shifts in their personal circumstances.