Spousal Maintenance, Part II

Posted February 7, 2011.

Once a court has determined that a spouse is eligible to receive spousal maintenance, the court will determine how much, how long, and when and where the payments will be made. In making these determinations, the court will consider many factors:
1. The financial resources of the spouse seeking maintenance and the ability of that spouse to meet his/her needs independently;
2. The education and employment skills of the spouses and the amount of schooling and training the spouse will need to find appropriate employment;
3. How long the parties were married;
4. The age, earning ability, employment history, physical and emotional condition of the person seeking maintenance;
5. The ability of the spouse from whom maintenance is sought to make child support payments and meet their own needs while meeting the personal needs of the other party;
6. Acts by either spouse that diminished or fraudulently conveyed community property;
7. The comparative financial resources of the parties;
8. The contribution by one spouse to the education, training or increased earning capacity of the other;
9. The property each spouse brought to the marriage;
10. The contribution of a spouse as a homemaker;
11. Marital misconduct of the spouse seeking maintenance; and
12. The attempt to seek employment by the spouse seeking maintenance.

Still need to know more about spousal maintenance? Contact Hammerle.com, or stay tuned for the next installment of this series