If one spouse is unable to be self-supporting through employment or assets set aside to him or her, the court may grant maintenance (called alimony in some states). Unlike property division, alimony is to be paid out of future income.
The order of maintenance is to be an amount the court deems just after considering the following factors:
- (a) The financial resources of the party seeking maintenance, including marital property apportioned to him, and his ability to meet his needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as custodian;
(b) The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment and that party's future earning capacity;
(c) The standard of living established during the marriage;
(d) The duration of the marriage;
(e) The age and the physical and emotional condition of the spouse seeking maintenance; and
(f) The ability of the spouse from whom maintenance is sought to meet his needs while meeting those of the spouse seeking maintenance.
Because these guidelines are quite general, determining the appropriate amount and duration of maintenance can be very challenging. Our attorneys rely on decades of experience combined with specialized tools and approaches to help our clients achieve fair outcomes, both for payers and recipients.