How is spousal maintenance determined?

In any divorce, one of the questions that often arises is that of spousal maintenance or alimony. In some cases, the court will decide that spousal maintenance isn’t necessary while in others, the court needs to follow a set of guidelines to determine the award. The courts will often assess a complex set of factors in trying to decide whether spousal maintenance is appropriate in that couple’s situation and if so, how much should be awarded. Some of the factors that the court will take into consideration when deciding on spousal maintenance are:

  • The length of the marriage
  • The age and health of each party
  • The current and future earning capacity of each party
  • The income and property of each party
  • The way marital property is distributed to each party
  • Whether one spouse deferred life goals for the other spouse
  • Tax implications that either party may face
  • The need for education or career training of either spouse

If the court assesses all of these factors and determines that one spouse should pay maintenance, they will be bound by law to do so. If an individual fails to make spousal maintenance payments, it is important to consult with an experienced family law attorney who can help hold them enforce the court’s order. Our firm can guide you through all steps of the divorce process, including requests for spousal support and enforcement.

If you are in need of experienced and dedicated legal counsel, please contact The Penichet Firm today and we will be happy to assist you in all of your divorce, family, and criminal law matters.