Myth-Busting: Alimony in Temporary Orders

"I'll take you for everything you've got!"

"My lawyer is going to take you to the cleaners!"

"You'll be paying me forever!"

Laypeople love to lob these threats around in the heat of divorce-related arguments. They are certainly emotionally evocative threats. Unfortunately, they are often made from a place of woeful ignorance.

Alimony (or as we call it now, maintenance) is an emotionally loaded topic that is poorly understood by non-lawyers. The goal of this article is to hopefully de-mystify it so that you can have some peace of mind as to how this concept may actually impact your case in a Snohomish County Courtroom.

Myth One: Maintenance is punitive

A lot of people think that someone will be required to pay maintenance is a result of some sort of bad behavior, be it infidelity, domestic violence, or wasting money. This is simply not true. Maintenance is awarded on precisely three things: one party's need, and the other's ability to pay, and the fairness concerns in ordering that it be paid. (More on that later.)

Myth Two: Maintenance is Forever

While life-long maintenance can be ordered, it was rare thirty years ago and is extraordinarily rare now. You only see lifetime maintenance awards in very long-term marriages where there is the ability to pay it, and neither party has the ability to meaningfully alter their financial fortunes.

Perhaps more to the point, maintenance in temporary orders is a very different animal than maintenance in permanent orders. Maintenance in final (or permanent) divorce orders is awarded after the parties have gotten a chance to get a total financial picture of all assets, liabilities, and the earning potential of the parties. It exists to "balance the scales" if a simple division of property cannot, by itself, get a fair result.

Temporary maintenance is focused on making sure everyone can pay the bills as the parties re-organize into two households and make any needed adjustment to childcare, living, and careers. Sometimes people request maintenance, even in the temporary orders phase, to maintain the "lifestyle to which they are accustomed." I am here to tell you that unless you and your divorcing spouse are extraordinarily well-off, this doesn't come into the analysis at all. (And if you are, that may be a separate article for a different day).

Often, maintenance awarded in temporary orders is categorized as "rehabilitative maintenance." That is, a monthly stipend to help with expenses until a party can get back on his or her feet. For example, a mother getting back into the work force may be awarded both child support and additional maintenance to make ends meet while she looks for work and gets a job. The maintenance award would be re-examined down the line after she got back into the workforce to determine if it was still needed.

Myth Three: Rich People Always Have to Pay It

Maintenance cannot be awarded if there is no ability to pay it. As a result, it is true that people with little income are almost never ordered to pay it. The converse is not true, though. Just because you make a good living does not automatically mean you will be writing your spouse a hefty check each month. Maintenance requires a demonstration that the money is needed; i.e. - there are legitimate expenses that the requesting spouse cannot pay on his or her own. If both parties are well-to-do (or even just have good earning potential), it is highly likely that each party will be assigned expenses and the issue of maintenance will be left for long term awards in permanent orders.

Myth Four: Maintenance Awards will Leave Me Without the Ability to Pay My Bills

The horror story people hear is that a court order requires a maintenance amount so steep that the payor cannot keep a roof over their head afterwards. This is not how maintenance is supposed to work. As stated above, the Court must find "ability to pay." This doesn't mean "could theoretically pay if they emptied their bank account." I means "could pay and still have enough money to stay fed, working, and with a roof over their head."

When one household splits into two, there is less money to go around. That has to be a consideration in maintenance cases.

If you have been ordered to pay an amount that exceeds what you can pay and meet your own needs, talk to your lawyer. If you can demonstrate this to the Court, they are going to be required to either fix it or at they very least, make clear why they think you can still make ends meet after paying it.

A Few Truths to Close:

Along with busting all these myths, let me leave you with a few truths about maintenance that will hopefully help you in your case.

1. Maintenance awards vary from state to state and county to county, since different judges and commissioners take different views on what constitutes "need" and "ability to pay."

2. Predicting a likely maintenance award takes an experienced lawyer who practices in your jurisdiction and knows all the pertinent facts.

3. It is rarely a good idea for two divorcing lay people to ever discuss this topic. They typically do not have a fraction of the knowledge needed to the analysis. It is far better handled through lawyers who can assess it as professionals, and without the emotional baggage.

Hopefully this was helpful to you. As always, I wish you the best of luck, and hope you can use this information to create your own separation with integrity.