In family court, there are cases in which the court grants spousal maintenance (i.e., alimony), and there are cases in which the court denies spousal maintenance. There are also cases in which the court RESERVES spousal maintenance. When the court reserves spousal maintenance, there is no obligation to pay spousal maintenance, now or in the immediate future, but there COULD BE the obligation to pay maintenance in the future.
As an example, in Case A, the court finds that one spouse in a divorce is not self-supporting, and the court awards spousal maintenance to the dependent spouse. In Case B, the court finds that both spouses are self-supporting, and the court refuses to award maintenance to either spouse. In Case C, the court finds that one of the spouses is not self-supporting, but the other spouse is currently unemployed, so the court reserves maintenance. This reflects the fact that the spouse who would otherwise pay maintenance does not currently have income to pay maintenance, but that the court believes that, once re-employed, that spouse will have the ability to pay maintenance. The family court has reserved jurisdiction over the issue, so that in the future, the court may consider whether the facts and circumstances warrant a maintenance obligation.
Recently, I was scheduled for a resolution conference but after checking the courts to confirm the set upcoming date, I was advised by the courts receptionist that the separation judgment was granted and the spousal support is on reserve.
While, I have read all of your comments posted as it relates to spousal support on reserve and what it means. I am somewhat confused as to why it was placed on reserve after stating financial hardship, residing with family due to his alcohol/threatening abusive behavior, being married over 25 years, and seeking prior employment without any financial help from an employed spouse?
In a case like this when it has been over a year, would you recommend that i retain an attorney at this point?
If spousal support (a/k/a maintenance, or alimony) is reserved, that means the family court has continuing jurisdiction to address the issue. It means that you potentially can present the financial hardship, long marriage, and other facts that you mentioned. It is hard to speak to why it was reserved without knowing more about the circumstances, but the court awards maintenance if the court finds a basis to do so under the statute, and the court denies maintenance if the court finds that there is no basis under the statute. So the reservation would suggest that the court was unable to make findings to support granting or denying alimony.
I was married 19 yrs, I just recently found out that my ex got a divorce without my knowledge 13yrs ago! The papers stated that he contacted me and I wanted nothing..omg..I am divorced and never knew. He had property, etc. And remarried 13yrs ago. Again I rec nothing can I do anything now? He is also retired and rec pension from the military now. I know it sounds crazy,however he got a divorce without my knowledge. He had property now, etc. Can you please respond.