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How is maintenance calculated?
The following factors are considered by the Court in calculating the duration and amount of maintenance:
a) the income and property of the respective parties including marital property distributed; b) the duration of the marriage and the age and health of both parties; c) the present and future earning capacity of both parties; d) the ability of the party seeking maintenance to become self supporting and, if applicable, the period of time and training necessary therefor; e) reduced or lost lifetime earning capacity of the party seeking maintenance as a result of having foregone or delayed education, training, employment, or career opportunities during the marriage;
f) the presence of children of the marriage in the respective homes of the parties;
g) the tax consequences to each party;
h) contributions and services of the party seeking maintenance as a spouse, parent, wage earner and homemaker, and to the career or career potential of the other party; i) the wasteful dissipation of marital property by either spouse;
j) any transfer or encumbrance made in contemplation of a matrimonial action without fair consideration; and
k) any other factor which the Court shall expressly find to be just and proper.
Updated: 11/11/99
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