Spousal Maintenance Law

One of the trickiest and most involved decisions that must be made in a divorce is maintenance. Since the 1970s, the fundamental principles have been changing as cultural norms, cultural presumptions, the roles of men and women in society, and other elements have changed and will continue to change. The partition of marital and nonmarital property, taking into account the income-producing assets accessible to both spouses, frequently impacts maintenance. When deciding whether to award maintenance and, how much and for how long, the courts will consider the relative levels of education, skills, work experience, time away from the workforce, and other variables.

When the court finds that support is justified, one spouse may pay the other support; to the other spouse is known as spousal maintenance, alimony, or just maintenance. Many people may be disappointed to learn that state law clarifies that maintenance must be granted “without regard to marital wrongdoing. Instead, a judge will take into account a variety of factors when deciding whether to award maintenance, including but not limited to: each spouse’s income and assets; their needs; their present and future earning potential; any impairments; the length of the marriage; the standard of living to which both spouses have grown accustomed; and other factors. The Law Office of Frank P. Skipper will readily support you when you need to be represented in cases regarding spousal maintenance. You are well within your rights, and with our wealth of experience and professionalism, your rights will be upheld.