THE SECOND STEP: DETERMINING THE AMOUNT AND DURATION OF SPOUSAL MAINTENANCE - Part 2 of 2
If you read my last two blog posts about spousal maintenance, you hopefully have a better understanding of why this issue is one of the most litigated issues in family law.
Once the Court establishes that a spouse is eligible to receive spousal maintenance, the Court then considers thirteen factors to determine how much spousal maintenance will be paid each month and how long it will be paid (months, years…).
It is the Court’s job to balance these 13 factors to determine an appropriate award that the receiving spouse can live on and the paying spouse can afford.
My last blog post listed the first seven factors.
This blog sets forth the remaining six, as outlined below.
(8) The ability of both parties after the dissolution to contribute to the future educational costs of their mutual children.
(9) The financial resources of the party seeking maintenance, including marital property apportioned to that spouse, and that spouse’s ability to meet that spouse’s own needs independently.
(10) The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment and whether such education or training is readily available.
(11) Excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common.
(12) The cost for the spouse who is seeking maintenance to obtain health insurance and the reduction in the cost of health insurance for the spouse from whom maintenance is sought if the spouse from whom the maintenance is sought is able to convert family health insurance to employee health insurance after the marriage is dissolved.
(13) All actual damages and judgments from conduct that results in criminal conviction of either spouse in which the other spouse or child was the victim.
If you are considering a divorce and you are seeking a spousal maintenance award or are being asked to pay a spousal maintenance award you should call OWENS & PERKINS at480.994.8824 to schedule your free 30 minute consultation with one of our experienced attorneys.