FAQs

Yes. Generally, courts consider the following list of factors in determining maintenance awards (however it is not limited to these factors):

(a) The financial resources of the party seeking maintenance, including separate or community property apportioned to him, and his ability to meet his needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party;

(b) The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find employment appropriate to his skill, interests, style of life, and other attendant circumstances;

(c) The standard of living established during the marriage;

(d) The duration of the marriage;

(e) The age, physical and emotional condition, and financial obligations of the spouse seeking maintenance; and

(f) The ability of the spouse from whom maintenance is sought to meet his needs and financial obligations while meeting those of the spouse seeking maintenance. The court will also take into consideration the economic circumstances of each spouse at the time the division of the property is to be coming effective.    

In most cases, yes, upon a showing of substantial change in circumstances. Each case is unique but possible changes in circumstances could include severe illness of one of the parties, a substantial loss of income not anticipated at the time of divorce, or disability of one of the parties resulting in substantially increased expenses or decreased income.

Yes, if agreed to by the parties in a Separation Contract. A trial court or judge cannot order non-modifiable maintenance in a decree of dissolution.

Absent language in the Decree to the contrary or a written agreement of the parties specifying otherwise, maintenance terminates automatically on the:

A. The remarriage of the recipient; or

B. The death of either party.

Maintenance may be ordered for either spouse in such amounts and for such periods of time as the court deems just, without regard to marital misconduct.