Taking The Unpredictability Out Of Spousal Maintenance
Spousal maintenance, formerly known as alimony, or simply maintenance, is support paid from one spouse to another when the court determines that support is just. To the chagrin of many, state law specifically states that maintenance is to be awarded “without regard to marital misconduct.” Rather, the factors for a judge to consider in determining whether maintenance should be awarded includes, but it not limited to: the income and property of each spouse; the needs of each spouse; the present and future earning capacity of each spouse; any impairment; duration of the marriage; the standard of living to which both spouses have become accustomed and other factors.
In other words, maintenance is determined solely on the basis of economics, and not fault. This is a sore subject for the abused spouse or the “innocent spouse”; but this is the standard written into the law. Who might be at fault or more at fault, for the marital breakup simply is not part of the maintenance equation.
Standards And Guidelines For Determining Spousal Support
An overarching goal stated in the law and reflected in the case law is to attempt to allow both spouses to maintain the lifestyle to which they have become accustomed. In reality, the adage that two can live more cheaply together than one can live alone is true. One household during the marriage becomes two households after divorce, and the cost of living to two divorced people is greater than it is for two married people.
Maintenance is one of the more complex and involved determinations that must be made in a divorce. The fundamental principles have been evolving since the 1970s as the roles of men and women in society, cultural presumptions, norms and other factors have changed and will continue to change. Maintenance is often is impacted by the division of marital and nonmarital property, including consideration of the income-producing property available to both spouses. Courts will consider the comparative levels of education, skills, work experience, absence from the workforce and many other factors in determining whether maintenance should be awarded and in case it is awarded, how much should it be awarded and for how long.
The Ever-Changing Laws Surrounding Maintenance
No area of law impacting divorce has been, perhaps, less predictable, more subject to change and subject to a wider range of outcomes than maintenance. This is also perhaps why the state Legislature made dramatic changes to the way maintenance is calculated that went into effect on January 1, 2015. The legislative history reveals a concern that maintenance amounts were significantly different in different parts of the state, from county to county and even from judge to judge. For that stated reason, the Legislature has imposed a maintenance formula to determine the amount of maintenance to be awarded when a judge determines maintenance is appropriate.
Knowing the judges, knowing the local proclivities and nuances has been particularly important in the area of spousal maintenance, but that may change with the new maintenance formula, though that remains to be seen. Early indications reveal that judges tend to be willing to deviate from the formula.
Contact The Spousal Maintenance Attorneys At Drendel & Jansons Law Group
If you believe you may be entitled to maintenance or fear your spouse will seek maintenance and would like to discuss it, please contact us by calling 630-523-0543 or filling out our online contact form. We will give you an assessment and, if you retain us, we will advocate your position for or against spousal maintenance to the extent the laws allow.