MENUSpousal maintenance or alimony is based upon a spousal maintenance recipient’s need and an obligor’s ability to pay. Spousal maintenance can be maximized by the following:
Identifying your monthly living expenses.
The need of a spousal maintenance recipient is generally based upon their reasonable monthly living expenses consistent with the marital standard of living. Day to day life can be very expensive and some folks may forget certain living expenses. Monthly expenses may include but are not limited to:
| Household |
| Mortgage/ Second Mortgage/ HELOC |
| Rent |
| Real Estate Taxes |
| Association Fee |
| Gas + Electric |
| Water and sewer |
| Home repair |
| Home cleaning/Supplies |
| Home/ Rental Insurance |
| Cable TV/Internet |
| Security System |
| Local/long distance telephone |
| Cell Phone |
| Yard/Landscape services/ supplies |
| Snow removal services/ supplies |
| Pest Control |
| Personal |
| Clothes and footwear |
| Personal hygiene/hair/skin/nails |
| Groceries |
| Electronics/maintenance |
| Software/laptop/etc |
| Laundry services/supplies |
| Dry- cleaning and alterations/repairs |
| Entertainment |
| Dining Out |
| Cigarettes/Alcohol |
| Newspapers, Magazines, Books |
| Hobbies/Recreation |
| Spending Money |
| Vacation |
| Club or Association Dues |
| Sports Tickets |
| Concerts, museums |
| Movies/ Video Rentals/ Netflix |
| Automobile/Transportation |
| Auto repair |
| Auto maintenance |
| Auto payment |
| Auto Insurance |
| Gasoline |
| Parking |
| Bus Fare |
| Medical/Dental/Vision |
| Medical Insurance |
| Medical supplies |
| Uninsured Medical/Dental Expenses |
| Dental Insurance |
| Vision Insurance |
| Spectacles, lenses upgrades |
| Vitamins and other supplements |
| Insurance |
| Life Insurance |
| Financial |
| Savings |
| Retirement |
| Miscellaneous Personal Expenses |
| Gifts |
| Charitable Contributions |
| Pet expenses |
| Postage |
| Debts |
| Credit Card |
Children’s Expenses
Some children’s expenses may be included in a request for spousal maintenance. These expenses may include extracurricular activities, school lunches, and other expenses that would not be covered by child support.
Emphasize luxurious items.
Exotic trips, expensive motor vehicles, and owning more than one real property may evidence a higher marital standard of living. The higher the marital standard of living, the higher the potential need for spousal maintenance.
Documenting physical/mental health.
Some spousal maintenance recipients have a physical or mental health condition which may prevent or adversely affect his or her ability to work. Providing proof of any conditions may be critically important in determining the amount and duration of a spousal maintenance award. Certain physical/mental health conditions may yield a permanent spousal maintenance award.
Spousal maintenance buyout.
Some spousal maintenance obligor’s hate the notion of paying spousal maintenance on a monthly basis which could be for an indeterminate amount of time. Additionally, some spousal maintenance recipient’s hate the uncertainly of knowing when the spousal maintenance will arrive and whether it will be modified in the future. In order to avoid this uncertainty, the parties may try to negotiate a buyout of a spousal maintenance claim. In doing so, a lump sum is typically transferred to the potential spousal maintenance recipient in an amount to buy out his or her interest in their spousal maintenance claim. This lump sum may be paid from sale proceeds of real property, from the transfer of a 401k or other retirement asset, and/or paid as a cash property settlement payment. A buyout may be a good option for obligor’s who have difficulty agreeing to a long-term spousal maintenance award.