Maintenance

How Much Maintenance Should Be Paid?

Maintenance is generally awarded to a spouse for the purpose of encouraging economic independence from the other spouse.

The following factors will determine whether maintenance is necessary, and if so, what the appropriate payment should be.

1. The income and property of the parties including marital property.

2. The duration of the marriage and the age and health of both parties.

3. The present and future earning capacity of both parties.

4. The ability of the party seeking maintenance to become self-supporting.

5. The lost lifetime earning capacity of the party seeking maintenance as a result of having foregone or delayed education, training, employment, or career opportunities during the marriage.

6. The presence of children in the homes of the parties.

7. The contributions and services of each party as a spouse, parent, wage earner and homemaker.

8. The contribution of each party to the career or career potential of the other party.

9. The wasteful dissipation of marital assets by either party.

10. The available financial resources of the parties.

11. The tax consequences to each party.

12. Any other factor which the Court shall expressly find to be just and proper.

If Awarded, How Long Should Maintenance Last?

Usually a third of the length of the marriage.

What are the Tax implications of Maintenance?

Maintenance is taxable income to the party receiving it, and tax deductable to the party that pays it.

How Common is an Award of Maintenance?

Maintenance is common when there is a significant disparity between the income of the parties, or if one party has to stay home with the children.

It is less common when each party is capable of self-support, or neither party makes enough money to reasonably make the payment.

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