MAINTENANCE & SPOUSAL SUPPORT (formerly known as Alimony)

Contrary to popular belief, maintenance is not as straightforward as child support allegations and to explain the intricacies of maintenance and alimony would require a rather lengthy analysis.  However, in determining maintenance, there are certain aspects that are the same in each case.

The court must go through a several step process in determining maintenance.  First, the court will determine whether a maintenance award is appropriate, including, but not limited to, the income and property of each party, the needs of each party, the present and future earning capacity of each party, standard of living established during the marriage, the duration of the marriage, and the age and the physical and emotional condition of both parties.  Once the court determines, based on those factors and other factors, that maintenance is appropriate, and the parties gross income is less than $250,000, the court will use specific formulas to determine the appropriate amount and duration of maintenance. These formulas are not steadfast rules, and a court may still deviate from the guidelines.

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