Legal Question in Family Law in Maine
temporary spousal support
I am currently separated from my wife of 24 years. Our divorce is on HOLD because she is waiting to hear if she can get full time employement at her current job. We can not cont. to live in two separate residences at our current income levels. I am earning 2/3's of the income, but have been living in a basement of a family friend. This was intended to be a short term solution, but it is going on 6 months with no end in sight. I want to get my own apartment so I have a permanent place my 12 year old daughter can stay with me. I would like to stop turning over my entire paycheck to my spouse and start making support payments only. Is there a way a temporary support agreement can be set up to make it so my wife will understand that the gravy train doesn't last indefinately? I agreed to this financial arrangement so that my daughter could still live in the house. My name is on the mortgage, so this was part of my motivation to do this. We are currently working with a mediator to reach our final divorce agreement.
1 Answer from Attorneys
Re: temporary spousal support
The short answer to your query is yes, there is a way to move forward. The long answer, however, is that there is no quick fix.
The reality of maintaining two separate residences on, effectively, one income is now hitting you. It really can't be done. Technically, all you should be liable for is an appropriate amount of support (child support and spousal support, if appropriate). If your spouse cannot maintain the home with that amount of support now, then she certainly won't be able to once the divorce is final.
When it comes to the marital residence, there are only three options: 1) you buy her out, 2) she buys you out, or 3) it is listed for sale and the two of you fairly divide any net proceeds. I don't know enough about your circumstances to offer any advice on which option would best suit your needs. I can observe, however, that this is not a good time to list your home for sale. Having said that, if the house will have to be sold, it should simply be listed now as, in all likelihood, you can expect it to remain on the market for several months even in a best-case scenario.
The Court system moves at a glacial pace. However, if you feel that your case is not progressing, there are steps you can take to move it forward. You could ask for an interim order setting forth what your support should be. You could request for a pre-trial conference to have your case placed on a trial list (even though the list could be months away). There are some steps you could try to take to press forward.
If you would like to discuss this in more detail, please do not hesitate to contact me.
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