The court may order one spouse to pay maintenance (also known as “spousal support” or “alimony”) depending on many factors including: length of marriage, age of the parties, ability of the parties to earn income, contribution of both parties during the marriage, and other factors.
How Maintenance is Decided
If an agreement cannot be reached, the judge will make a decision based on factors such as the following:
(2) the needs of each party;
(3) the realistic present and future earning capacity of each party;
(4) any impairment of the present and future earning capacity of the party seeking maintenance due to that party devoting time to domestic duties or having forgone or delayed education, training, employment, or career opportunities due to the marriage;
(5) any impairment of the realistic present or future earning capacity of the party against whom maintenance is sought;
(6) the time necessary to enable the party seeking maintenance to acquire appropriate education, training, and employment, and whether that party is able to support himself or herself through appropriate employment or any parental responsibility arrangements and its effect on the party seeking employment;
(7) the standard of living established during the marriage;
(8) the duration of the marriage;
(9) the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and the needs of each of the parties;
(10) all sources of public and private income including, without limitation, disability and retirement income
(11) the tax consequences of the property division upon the respective economic circumstances of the parties;
(12) contributions and services by the party seeking maintenance to the education, training, career or career potential, or license of the other spouse;
(13) any valid agreement of the parties; and
(14) any other factor that the court expressly finds to be just and equitable.
Modification and Termination
A substantial change of circumstances may require a modification or termination of maintenance / spousal support.
Consult With Us Today
Even if you and your spouse have settled on all issues pertaining to your divorce, there still might be needs you have not addressed and that need to be realized. Our Attorneys at Krentz, Salfisberg & Swanson Haggard can draft or review your divorce settlement agreement. Contact us today to discuss your case and answer your questions with a free consultation.