A distinction is made between the so-called spouse, child and parent maintenance.
The following explanations should give you an informative overview of the spousal maintenance and the associated legal regulations.
During the marriage as well as after a separation or divorce there is a maintenance obligation between the spouses. If the marriage fails and there is a separation, then the maintenance for the separation period and the maintenance after the divorce have to be regulated. These are two separate maintenance claims to be regulated separately from each other.
A legal regulation of the maintenance such as the maintenance amount and the period for which it is owed are not stipulated by law. There are various judgments in the case-law, and thus great scope for action. Maintenance claims are generally the main issues of separation and divorce. The abundance of different judgments and the complexity of this matter make a consultation by a family law expert inevitable.
Which spouse maintenance forms are there?
The separation keep
After the separation of the spouses already creates a separation maintenance claim. The conditions and level of maintenance are not based on the adequacy of the need for life, but on the living conditions during marriage. It can not be demanded, according to case law, that the spouse who has run the household must immediately take up gainful employment. The separation support is paid until it comes to divorce.
Maintenance of the divorced spouse
The spouses have the obligation to provide for their own maintenance after the divorce. If this is not possible or reasonable, there is a right to remorse. This claim exists, but only to the extent that the other spouse is efficient. Whitmarsh Family Law is a famliy law firm that serves Long Beach, CA.
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