What is maintenance and how will it be determined?
Maintenance is spousal support, also called alimony. There is no standard formula for determining maintenance, as it is based upon a number of factors. Two of the most important factors are the length of the marriage and the difference in the income of the parties. For example, if the parties were married for a long time and one spouse makes a lot more money than the other, it is likely that the court will order the higher-paid spouse to pay maintenance to the other spouse. The court will have to determine the amount of the maintenance, and the term (for how long will it be paid). Factors to be considered include, the needs of the kids, the traditional role of that spouse in the marriage and his/her earning capacity, whether that spouse contributed to the earning capacity of the paying spouse, and the level of education of each party. Maintenance is awarded based upon need, and fairness.