spousal maintenance

How is Spousal Maintenance Determined?

If you are planning to end your marriage, one of the top issues on your mind may be spousal maintenance. If you earn more than your soon-to-be ex-spouse, you may be ordered to pay and, if you earn less, you may be awarded spousal maintenance. Either way, this is clearly an important matter for both parties. Continue reading to learn more about how it is determined.

Spousal Maintenance and Divorce

When determining spousal maintenance, a judge will examine several important factors, which will largely focus on the standard of living you had during your marriage.

Below are some of the factors used to determine spousal maintenance:

  • Each spouse’s property and income, including any assets divided by the court. If the spouse who is seeking maintenance was awarded a substantial share of marital assets, this will likely result in lower maintenance.
  • The length of the marriage will influence the length of time a former spouse must pay spousal maintenance.
  • The age and overall health of both parties. An older spouse in poor health who cannot maintain gainful employment may receive a larger award.
  • In cases where children are involved, the court will consider where they live as a factor in determining spousal maintenance.
  • If either party will have difficulty finding work as a result of age or absence from the workforce.
  • Whether one of the spouse’s earning capacity is inhibited due to having to care for children, adult children with disabilities, or elderly parents.
  • The tax consequences for each party.
  • If either spouse wastefully dissipated marital property or assets.
  • The loss, cost, and availability of health insurance.
  • Any other factors that may be essential to determining a spousal maintenance award.

An experienced divorce attorney will help you navigate your case, so you can work toward the best possible resolution.

Discuss the Details of Your Divorce with a Skilled Family Law Attorney Today!

If you are filing for divorce, now is the time to speak to an experienced family law attorney about your case. At the Law Office of Tzvi Y. Hagler, P.C., a divorce attorney is committed to guiding clients through every step of the process and will fight tirelessly on your behalf to secure the most favorable results for your situation.

Reach out to our law office today at (516) 514-3868 to request an initial case evaluation with our knowledgeable divorce attorney to learn more about your legal options and what we can do to assist you during this emotionally challenging time.