| In a proceeding for dissolution of marriage, legal | | | | 12) Any other factor that the court deems to be |
| separation or invalidity of marriage, the court may | | | | just and equitable. |
| grant a temporary or permanent award for | | | | As you can see, many of the factors are limited in |
| maintenance for either spouse in amounts and for | | | | terms of the value to calculate. The most important |
| periods of time as the court deems just. Said award | | | | of the above factors are the length of marriage, |
| of maintenance is entered without regard to marital | | | | income and earning capacity, and standard of living |
| fault. The maintenance can be in gross or for a fixed | | | | established during the marriage. |
| or indefinite period of time. Further, the maintenance | | | | The shorter the marriage, the more likely that the |
| can be paid from the income or property of the | | | | spouse seeking maintenance will be entitled only to |
| other spouse after consideration of all relevant | | | | rehabilitative maintenance. That type of maintenance |
| factors. The relevant factors include: | | | | can last somewhere between one to three years |
| 1) The income and property of each party; | | | | and terminate thereafter. It allows the spouse |
| 2) The needs of each party; | | | | receiving the maintenance to find the skill, education |
| 3) The present and future earning capacity of each | | | | or employment that will allow that spouse to sustain |
| party: | | | | an income. |
| 4) Any impairment of the present and future earning | | | | Permanent maintenance is for the payee's life, but |
| capacity of the party seeking maintenance; | | | | usually subject to termination upon the happening of |
| 5) The time necessary to enable the party seeking | | | | a specific event. For example, said maintenance can |
| maintenance to acquire appropriate education, | | | | end upon the remarriage of the party, the death of |
| training, and employment; | | | | either party, or residing with another on a resident |
| 6) The standard of living established during the | | | | conjugal basis. These triggering events can lead to |
| marriage; | | | | the termination of maintenance. |
| 7) The duration of the marriage; | | | | Importantly, there is no magic formula to determine |
| 8) The age and the physical and emotional condition | | | | if maintenance is appropriate. Further, if maintenance |
| of both parties; | | | | is warranted, there is no mathematical equation to |
| 9) The tax consequences of the property division | | | | plug-in. In reality, the award of maintenance is a |
| upon the respective economic circumstances of the | | | | range that a court can award based upon the |
| parties; | | | | numerous factors listed above. Please consult with an |
| 10) Contributions and services by the party seeking | | | | experienced divorce or family law attorney in |
| maintenance to the education, training, career or | | | | determining whether or not maintenance is warranted |
| career potential of the other spouse; | | | | in a particular case. |
| 11) Any valid agreement of the parties; and | | | | |