In some scenarios, divorce can be more complex, usually based on the family’s situation. Sometimes, child support and custody arrangements become priorities if the case involves children. Other times, the court could consider other setups to address your or your former spouse’s needs, which may happen if there was a sole income earner during the marriage.
In these situations, the law has provisions that consider how the household splits responsibilities as caregivers to the children and as providers to the entire family. One of the ways to address possible imbalances is by including spousal maintenance in the arrangement. It could be necessary in specific instances, including the following:
- A party has an illness, impairment or condition that qualifies for legal incapacity
- A party will serve as the sole caregiver of a child with special needs
- A party needs resources to become self-sustaining, requiring financial support as rehabilitative maintenance
The type of setup can vary according to the family’s needs, becoming permanent or temporary as needed. Additionally, the court often evaluates the case thoroughly before allowing rehabilitative support, including the party’s education level, earning capacity and expenses necessary to make them employable. Still, this option typically has a set deadline, often not exceeding three years, which is usually enough time for a party to find employment and get back on their feet.
Being fair during the divorce process
The court can have the discretion and flexibility to allow specific arrangements after the divorce based on the circumstances. A judge’s role usually becomes vital when balancing each party’s interests, including yours, your former spouse’s and your children’s. To better understand what case details have legal implications, seek legal counsel to determine critical information that could impact the outcome. It might not guarantee favorable results, but it could guide you through what happens next.