• The financial resources of the payor spouse, including the actual or potential income from separate or marital property or any other source and the ability of the payor spouse to meet his or her reasonable needs while paying maintenance;

• The lifestyle during the marriage;

• The distribution of marital property, including whether additional marital property may be awarded to reduce or alleviate the need for maintenance;

• Both parties' income, employment, and employability, obtainable through reasonable diligence and additional training or education, if necessary, and any necessary reduction in employment due to the needs of an unemancipated child of the marriage or the circumstances of the parties;

• Whether one party has historically earned higher or lower income than the income reflected at the time of permanent orders and the duration and consistency of income from overtime or secondary employment;

• The duration of the marriage;

• The amount of temporary maintenance and the number of months that temporary maintenance was paid to the recipient spouse;

• The age and health of the parties, including consideration of significant health care needs or uninsured or unreimbursed health care expenses;

• Significant economic or noneconomic contribution to the marriage or to the economic, educational, or occupational advancement of a party, including but not limited to completing an education or job training, payment by one spouse of the other spouse's separate debts, or enhancement of the other spouse's personal or real property;

• Whether the circumstances of the parties at the time of permanent orders warrant the award of a nominal amount of maintenance in order to preserve a claim of maintenance in the future;

• Whether the maintenance is deductible for federal income tax purposes by the payor and taxable income to the recipient, and any adjustments to the amount of maintenance to equitably allocate the tax burden between the parties; and

• Any other factor that the court deems relevant.

 

See § 14-10-114(3)(c).  Additionally, the court will look to the maintenance guidelines to determine the term and percentage of the party’s income responsible to pay maintenance.  See § 14-10-114(3)(b)(II)(B).  However, the court will only award maintenance if it finds that the spouse seeking maintenance lacks sufficient property, including marital property apportioned to him or her, to provide for his or her reasonable needs and is unable to support himself or herself through appropriate employment or is the custodian of a child whose condition or circumstances make it inappropriate for the spouse to be required to seek employment outside the home.  See § 14-10-114(3)(d).  In addition, instead of maintenance, the court may award more marital property to a spouse that is seeking or needs maintenance.  See § 14-10-114(3)(f).  For a table of maintenance guidelines and worksheet for calculating maintenance, click HERE.

 

If you are going through a divorce and believe you are entitled to maintenance or your spouse is seeking maintenance from you, call the Law Office of Michael Swink today and speak with an attorney who understands when a spouse is entitled to maintenance.