Divorce Article 1: Maintenance
Maintenance, formerly known as alimony, is the provision of support from one spouse to the after taking into consideration several factors. The court takes many facts into consideration in determining an award of maintenance. The factors consist of the following:
- the income and property of each party, including marital property apportioned and non-marital property assigned to the party seeking maintenance;
- the needs of each party;
- the present and future earning capacity of each party;
- 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;
- 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 is the custodian of a child making it appropriate that the custodian not seek employment;
- the standard of living established during the marriage;
- the duration of the marriage;
- the age and the physical and emotional condition of both parties;
- the tax consequences of the property division upon the respective economic circumstances of the parties;
- contributions and services by the party seeking maintenance to the education, training, career or career potential, or license of the other spouse;
- any valid agreement of the parties; and
- any other factor that the court expressly finds to be just and equitable.
The court may grant permanent maintenance award for either spouse in amounts and for periods of time as the court determines based upon the above factors. Maintenance is granted without taking into consideration any marital misconduct. The award of maintenance can be for a fixed amount and can also be for an indefinite period of time. Maintenance can be paid from the income or property belonging to the other spouse.