Alimony and Spousal Support

A spousal support or alimony award in a divorce case is designed to equalize the finances of divorcing parties, recognizing that sometimes one spouse makes a sacrifice to their ongoing earning capacity in order to allow the other spouse to earn a better income.  The support or maintenance order shall be in amounts and for periods of time, either temporary or permanent, as the court deems just, without regard to marital misconduct, and after considering all relevant factors including:

• (a)the financial resources of the party seeking maintenance, including marital property apportioned to the party, and the party’s ability to meet needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as custodian;
• (b) the time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, and the probability, given the party’s age and skills, of completing education or training and becoming fully or partially self-supporting;
• (c) the standard of living established during the marriage;
• (d) the duration of the marriage and, in the case of a homemaker, the length of absence from employment and the extent to which any education, skills, or experience have become outmoded and earning capacity has become permanently diminished;
• (e) the loss of earnings, seniority, retirement benefits, and other employment opportunities forgone by the spouse seeking spousal maintenance;
• (f) the age, and the physical and emotional condition of the spouse seeking maintenance;
• (g) the ability of the spouse from whom maintenance is sought to meet needs while meeting those of the spouse seeking maintenance; and
• (h) the contribution of each party in the acquisition, preservation, depreciation, or appreciation in the amount or value of the marital property, as well as the contribution of spouse as a homemaker or in furtherance of the other party’s employment or business.