While your divorce case is going on, if your spouse earns more than you, you may also ask the Judge to award you temporary financial support, which your spouse will pay to you until the divorce becomes finalized. This type of support is called “temporary” or “pendente lite” maintenance.
Even if your spouse earns more than you, the Judge will not order your spouse to pay temporary maintenance if they would not support themselves while making payments.
If you seek temporary maintenance and child support, the amount you receive in temporary maintenance gets subtracted from your spouse’s income and added to your income before child support is calculated.
Remember that maintenance works both ways, so if you earn substantially more than your spouse, they may ask the Judge to make you pay maintenance.
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