Is Maintenance Affected by Upfront Payment?
If my spouse is awarded a decent portion of the cash in the divorce (say $60,000) would that be taken into consideration when/if maintenance is requested? Can’t that cash be used to help my spouse support themselves during the transition?
Good question. Yes, the cash payment would be considered if your spouse requests maintenance. However, if the cash is in the nature of a property settlement rather than maintenance per se, it is NOT used to offset an award of maintenance. If your spouse requests permanent maintenance,the court will consider several factors including the amount of property awarded to her, the length of your marriage, the earning ability of both you and your spouse, whether or not you have children under the age of 30 months, the standard of living enjoyed during the marriage, whether or not your spouse can support herself without your assistance, whether or not your spouse worked during the marriage, your ages, and your ability to pay.