Spousal maintenance (also referred to as “alimony”) is a challenging area of law because there are no convenient statutory guidelines to assist in establishing the amount of spousal maintenance. The award of spousal maintenance is discretionary. Because it is discretionary, the decisions around spousal maintenance are often unpredictable. With the unpredictability often comes frustration. However, because spousal maintenance is discretionary, there is an opportunity for the family law attorney to be creative when presenting a spousal maintenance case before a judge.
Spousal maintenance awards can either be transitional or indefinite. Indefinite maintenance is usually given in long-term marriages or when a spouse is disabled. Transitional maintenance is awarded for a fixed period after the dissolution is final. The purpose of transitional maintenance is to allow the party seeking spousal maintenance time to become self-sufficient. Therefore, a party receiving transitional maintenance has a duty to become self-sufficient. Spousal maintenance is modifiable, with certain limitations, unless the parties agree to divest the court of jurisdiction after the initial award. Spousal maintenance awards, whether transitional or indefinite terminates upon the remarriage of the party receiving spousal maintenance or the death of either party.
When deciding whether to award spousal maintenance, the court will look at several factors to determine if an award is appropriate and whether the award should be transitional or indefinite. Recent changes in the statute, effective August 1, 2024, set presumptions for the court to follow regarding the duration of spousal maintenance. If the length of marriage is less than 5 years, it is rebuttably presumed that no maintenance shall be awarded. If the length of the marriage is at least 5 years and less than 20 years, it is rebuttably presumed that maintenance shall be awarded for a duration of no longer than ½ of the length of the marriage. If the length of the marriage is more than 20 years it is rebuttably presumed that indefinite maintenance shall be awarded.
The factors that a court considers in deciding whether any maintenance is appropriate and in deciding the duration are:
- The financial resources of the party seeking maintenance
- The time necessary for the parties seeking spousal maintenance to acquire sufficient training and education to become self-sufficient
- The standard of living established during marriage
- The duration of the marriage and, in the case of a homemaker, the amount of time they have been absent from the job market
- The loss of earnings and other employment opportunities foregone by the spouse seeking spousal maintenance
- The age and the physical and emotional condition of the party seeking spousal maintenance
- The ability of the spouse from whom spousal maintenance is sought to meet their needs while also meeting those of the spouse seeking maintenance
- The Contribution of a spouse in furtherance of the other party’s employment or business; and
- The need and ability of each spouse to prepare for retirement and the anticipated time of retirement.
Simply put, spousal maintenance will be awarded based on one party’s need and the other party’s ability to pay for a duration that is fair given the parties circumstances and length of marriage.
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William Casey Law Office, LLC, has experience in assisting divorcing couples with spousal maintenance arrangements and court appearances.
To make an appointment for a consultation with William Casey Law Office, LLC, please call 612-355-6280 or email the firm to learn more.