Maintenance (Spousal Support)
Not all cases involve support from one spouse to the other. The obligation of one spouse to assist with the support of the other for a temporary or permanent basis is decided on a case by case basis as agreed to by the parties or at the court’s discretion.
Spousal support or maintenance if ordered at permanent orders is to be in such amounts and for such periods of time as the court deems just, without regard to marital misconduct and after considering all relevant factors. The factors include:
- The financial resources of the spouse seeking spousal support and his or her ability to meet his or her needs independently
- The time necessary to acquire sufficient education or training to enable the spouse seeking maintenance or spousal support to find appropriate employment and that person’s future earning capacity
- The standard of living established during the marriage
- The length of the marriage
- The age and the physical and emotional condition of the spouse seeing maintenance/spousal support
- The ability of the spouse from whom maintenance is sought to meet his or her own needs while assisting those of the spouse seeking maintenance