Spousal Support / Maintenance

There are several factors considered by the court when determining what the award of maintenance should be.

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:

  • The standard of living during the marriage

  • The length of the marriage

  • The financial resources of the spouse seeking maintenance

  • The age, physical and emotional condition and the financial obligations of the spouse seeking maintenance

  • The ability of the spouse who would pay maintenance to meet his or her own needs and financial obligations

  • Whether one spouse supported the education or training of the other

  • The time needed for the spouse seeking maintenance to acquire education or training to become capable of self-support

The length of time that maintenance is awarded varies in each case. It is also important to consider the tax implications of the award of maintenance.

Schedule an Appointment

Please contact the firm to have a detailed discussion about maintenance in your case.

Use the form below or call us at (425) 318-2636.