Either spouse may be entitled to support, without consideration of marital misconduct, in an amount and duration of time that the Court deems just.

How does the Court decide who will receive maintenance?

Maintenance is decided on a case by case basis. In making the determination as to whether or not maintenance should be given, the Court looks primarily at whether or not the party requesting the support actually needs it, and whether or not the person being asked to pay support has the ability to do so. When considering whether or not there is a need, the Court may consider whether or not the party requesting maintenance has the ability to independently meet his or her needs, taking into consideration the receipt of child support payments for a child living with that party; the time it would take for the person requesting maintenance to acquire education or training that would enable him or her to find appropriate employment; the standard of living established during the marriage; the duration of the marriage, and the age, physical and emotional condition, as well as the financial obligations of the party seeking maintenance. When considering whether or not the other party has the ability to pay, the Court may consider whether or not that party can meet his or her needs and financial obligations while at the same time meeting those of the requesting party.

If the Court orders temporary maintenance, does that mean it will be permanent?

No. Each case is different. Some situations would only require that maintenance be paid during the pendency of the proceeding. Others would warrant that maintenance continue for months or years past the finalization of the dissolution proceeding. Some cases may require the payment of maintenance until the death or remarriage of the party receiving maintenance.

If maintenance is awarded past the entry of the Decree of Dissolution, can it be modified?

This depends greatly on what the Decree states. Maintenance can be non-modifiable if specifically set forth as such. If not specified, maintenance may be modified upon a showing of substantial change in circumstance.

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