Practice Areas

Spousal Maintenance

Alimony or Maintenance

Once known as “alimony,” maintenance represents financial support made by one spouse to a former spouse. If ordered by the court maintenance is deemed modifiable. This means that in the future either spouse can file a motion to modify and request that maintenance be increased, decreased, or even terminated. Generally, maintenance ends when the receiving spouse gets remarried or if either spouse dies. Parties can agree for maintenance to be set for a specific amount of time, amount, or even as a lump sum payment. Unlike child support, the calculation of maintenance is not governed by guidelines or laws with respect to determining appropriate financial support for an ex-husband or ex-wife. Under the Internal Revenue Code, alimony payments are a deduction from the gross income of the payor spouse and are income to the spouse receiving the money.

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