Factors Considered for Payment of Spousal Maintenance
The court evaluates a spouse’s reasonable needs against the
standard of living enjoyed during marriage. In other words, if a homemaker
spouse lived an affluent lifestyle while married, then the court could order
the obligated spouse (the one who has to pay) to make payments maintaining that
affluent standard, or close to it, so long as it does not create an
unreasonable hardship on the obligated spouse.
In addition to the marital standard of living,
the court must consider the length of the marriage. The longer the marriage,
the more likely one spouse has grown financially dependent on the other.
Additional factors include the requesting spouse’s ability to self-support –
meaning, the supported spouse's level of education, work history, and anything
else that impacts financial independence – as well as what may be needed to
care for any children of the marriage.
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