Court Factors When Awarding Maintenance

When courts are preparing to give durational or permanent maintenance, there are certain factors to consider.

In most cases, durational maintenance is given to a spouse who is healthy and young, and who does not have any children to care for. The purpose of durational maintenance is to give the spouse a chance to gain independence before being cut off financially.

If a marriage was short and no children were involved, it is highly unlikely that the court will grant permanent maintenance. In this case, the dependent will have need to go above and beyond to prove dependency; if they are successful, it is more likely that the person will be granted rehabilitative maintenance instead.

Permanent dependence is granted mostly in cases where the marriage has been long, and one person is in bad health. In addition, if one spouse had been supporting the other for the majority of the marriage, permanent maintenance is more likely.

Need help getting maintenance?  Now is the time to work with a family lawyer.