If your are successful in your claim for spousal maintenance, the ultimate duty and objective of the court will be to make orders that guarantee a reasonable standard of living for you and your children. Consequently, the court has the power to make any financial orders that deems reasonable and fair to both parties. Further, the court will dictate what type of financial arrangements are to be taken and how this will be paid to you. For instance, Mike may be ordered to make periodic instalments or a lump sum payment to you, even in some cases the court has considered appropriate to transfer property as part of spousal maintenance. Also, it is important for you to note that any financial orders dictated by the court will be…show more content… Frequently, the court considers the marital assets and any proposed property settlement when deciding spousal maintenance as it may amend considerably the financial capacity of the parties and therefore influence the entitlement to maintenance support.
On the other hand, it may be beneficial for you to request a lump sum payment as spousal maintenance due to the uncertainty of the future during financial proceedings. In fact, this may be supported by the court as it is its duty to promote the end of financial relations between you and Mike. Nevertheless, please note that it is the court’s discretion, based on the circumstances of the case, to order either a lump sum or a periodic payment.
Finally, we generally encourage our clients attempting to resolve their marital financial issues outside the courts to prevent the burden and costs of litigation. However, if you consider that your ex-husband is not willing to mediate, then the most immediate and effective option you could have is to apply in court for “spousal maintenance” based on your current financial