March 13, 2013

How Maintenance Works

Maintenance payments can be awarded in a divorce or separation action for either party. A court will not consider marital misconduct when determining a maintenance award. Unlike child support payments, maintenance is not awarded according to a schedule or specific calculation. Whether to award it or not, and if so how much and for how long is up to the court, which considers:

  • The financial resources of the party seeking maintenance
  • Rehabilitative training (the time necessary for the party seeking maintenance to obtain the training or education needed to make them employable in suitable employment)
  • Standard of living during the marriage or domestic partnership
  • Age, physical and emotional condition of the party seeking maintenance
  • Financial obligations of the party seeking maintenance
  • The other party's ability to meet their own needs and pay maintenance
  • Length of the marriage or domestic partnership (maintenance is generally not awarded for short-term marriages/domestic partnerships of less than 3 years)
Because the court has so much discretion in making this determination, it is advisable to have the representation of an attorney. Contact a Kirkland family law attorney for more information. 

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