Spousal maintenance is often a contentious aspect of a divorce. While some people recognize that maintenance will be necessary for the lower earning spouse to re-establish a household after the divorce, it can feel frustrating to be ordered to pay maintenance.
Maintenance is meant to be rehabilitative and is typically not intended to be a permanent source of income, barring unusual circumstances. Either spouse may request maintenance and the award is not dependent on fault.
There are several factors considered by the court when determining what the award of maintenance should be.
The court looks at: