What are th basic facts about spousal maintenance
by
Aussiedivorce
The right of a spouse to seek spousal support or maintenance is one of the controversial issues under the law.
Today, the concept of dependence of a wife to a husband has changed. Many wives opted to work and earn their own money to be financially stable. The result is an interesting picture that when couples finally decide to file a divorce and end a marriage, only few spouses, particularly wives will ask for spousal support.
Actually, this situation is now frowned at in the modern society, because it is an admitted fact that women now are more educated and independent compared to the women a few decades ago. Thus, when couples divorce, the wife usually ask only for support of the minor children and opted to be free from any support from the estranged husband.
However, under the law, this is allowed, after the courts will evaluate facts and evidences submitted. In divorce proceedings, the court will ascertain on the effects of the separation especially on the minor children. Moreover, the courts will also consider the welfare of the spouses. The court proceedings will also assess on the health status, sources of livelihood, educational background and other factors affecting the welfare of a spouse after the divorce. If the courts will find out that a spouse needs spousal maintenance or support from the other, upon petition, the court may grant this to the needy spouse.
It may sound ironical since when spouses divorce, it literally means the severance of a relationship. But, under the laws, still the other spouse has a legal obligation towards the other spouse.
In so many incidents, the court granted petitions of spousal support, because in cases where the petition of spousal support is granted. Take for instance, a case of a full-time homemaker, who is left at home to take care of the kids and the household. Under the law, when the other spouse concentrates on the children and the home, usually the wife, her contribution is considered a vital factor in the success of the husband. This is understandable because when nobody takes care of the children and the home, the husband cannot also concentrate in his job.
Therefore, when the dissolution of the conjugal ties happens, such as when the final decree of the divorce happens, the earnest efforts of a homemaker is also given value and importance. What happens is that the wife is entitled to spousal support, especially that she had devoted her years in the family life. The spousal support remains until she declares that she can already be financially independent and can support herself with the help of the former husband.
It is true that today, the data presented concerning spousal support is rare. This is considering the fact that the tradition of dependence on your spouse has changed through the decades. But it is true that there are still cases where spousal support is needed.
Our family lawyers can advise you on family law matters including
Spousal Maintenance
,
Financial Binding Agreement
,
Child Custody
.
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What are th basic facts about spousal maintenance