Spousal maintenance awards can be difficult to predict, because there are no Guidelines, as with child support, and both the amount and duration are within the broad discretion of the Court. In determining spousal maintenance, the court considers the needs of a the requesting party and the ability of the other party to pay.
Spousal maintenance decisions are based on the following main factors:
- Length of the marriage;
- The standard of living during the marriage;
- The income of both parties;
- The reasonable living expenses of both parties;
- The age of both parties;
- The property apportioned to each spouse in the divorce;
- The education and employability of the spouse seeking maintenance; and
- Any disability status affecting the employability of the spouse seeking maintenance.