Spousal Maintenance

Spousal Maintenance, Alimony Awards & Adjustments

Spousal maintenance or alimony is an award of payments from the future income or earnings of one spouse for the support of the other. The court looks to the standard of living established during the marriage. It has the authority to order maintenance if it finds that the spouse seeking maintenance lacks sufficient marital property to provide for their reasonable needs, especially during, but not limited to, a period of training or education. If the spouse seeking maintenance is unable to provide adequate self-support or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home, maintenance is usually awarded. One of these factors must be met to justify an award of maintenance.

Once a court determines that maintenance be awarded, the court must consider all relevant factors to determine the amount and duration of the maintenance:

• The court looks at the financial resources of the spouse seeking maintenance and their ability to meet their needs independently.
• The time necessary to acquire sufficient education or training to enable the spouse seeking maintenance to find appropriate employment and the probability, given the spouse's age and skills, of completing education and training and becoming fully self-supporting.
• Standard of living established during the marriage.
• The duration of the marriage and, in the case of the homemaker, the length of absence from employment and the extent to which any education, skills or experience have become outmoded and the earning capacity has become permanently diminished.
• The loss of earnings, seniority, retirement and other employment opportunities foregone by the spouse seeking maintenance.
• The age and physical and emotional condition of the spouse seeking maintenance.
• The ability of the spouse from whom maintenance is sought to meet his or her needs while meeting those of the spouse seeking maintenance.
• The contribution of each party to the acquisition, preservation, depreciation, or appreciation in the amount or value of the marital property, as well as the contribution of the spouse as a homemaker.

The court will not consider marital misconduct in making a maintenance award, nor can a party's premarital relationship be considered when setting the amount and duration of the maintenance award.

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