Maintenance

Should Maintenance Be Paid?

Maintenance is generally awarded to a spouse for the purpose of encouraging economic independence from the other spouse.

Generally you should consider the following factors when determining the necessity, non-necessity, and the appropriate amount of maintenance.

1. The income and property of the respective parties including marital property.

2. The duration of the marriage and the age and health of both parties.

3. The present and future earning capacity of both parties.

4. The ability of the party seeking maintenance to become self-supporting and, if applicable, the period of time and training necessary thereof.

5. 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.

6. The presence of children of the marriage in the respective homes of the parties.

7. Contributions and services of each party as a spouse, parent, wage earner and homemaker, and to the career or career potential of the other party.

8. The wasteful dissipation of family assets by either spouse.

9. The available financial resources of the parties.

10. The tax consequences to each party.

11. Any other factor which the Court shall expressly find to be just and proper.

If Awarded, How Long Should Maintenance Last?

The rule of thumb is a third of the length of the marriage.

What are the Tax implications of Maintenance?

Maintenance is taxable income to the spouse receiving it, and tax deductable to the spouse that pays.

Is an Award of Maintenance Common?

Maintenance is common when there is a significant disparity between the income of the parties. It is less common when each party is capable of self-support, or neither party makes enough money to reasonably make the payment.

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Stephen K. Underwood, Attorney at Law, 1395 Union Road, West Seneca, NY 14224  (716)656-7676