The main item to remember is about maintenance is: you don’t get it if you don’t ask for it. Maintenance is not something always awarded in a divorce. Further, you must ask for maintenance in order for the court to award maintenance. If you have consulted with an attorney and the attorney assures you that you will be awarded maintenance, I would strongly caution against using this attorney. The only way to 100% confidently say you will receive maintenance is if your spouse voluntarily agrees to pay you maintenance.
If your spouse files for divorce and the Petition does not state that you are in need of maintenance from him/her, then you must file a Counter-Petition for divorce requesting the court award you maintenance. I have discussed in a previous post the factors a court will look at when determining maintenance.
