Is maintenance/alimony an earned award or a supplemental award?

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Is maintenance/alimony an earned award or a supplemental award?

My ex-husband states that maintenance is an earned award rather than a supplemental award and should only be paid once it has been earned, therefore, I do not get paid for my maintenance until the end of each month. Legally, how is maintenance/alimony paid to the spouse if it does not state in the court order when it should be paid? Is maintenance/alimony to aid in the spouses monthly income or does she have to earn it first? If it is should be paid at the beginning of the month as a supplemental income then I need some legal way to convince him that it should.

Asked on November 13, 2010 under Family Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I think that the legal way you are going to convince him is by taking him back to Court on the first of each month and asking for a judgement.  But you really may want to consider asking the Court to modify the award to make it payable on the first of every month if he is being such a stickler. I would suggest that you seek help from your attorney on this one as I have never heard such a characterization of the award.  Think about it: how do you "earn" maintenance/alimony after a divorce?  You already did - by being married to him all those years.  Now you have been awarded what the court believes he should pay you. It is ludicrous.  Get help.  Good luck. 


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