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Maintenance (formerly called alimony) is spousal support, awarded to the dependant spouse, either permanent or temporary, based on reasonable need and the ability of the other spouse to meet that need, regardless of marital conduct.

Some of the factors the court will consider when deciding if maintenance is necessary and what amounts over what period of time should be awarded:

• The income and property of each spouse, including marital and non-marital property;
  
• The present and future earning capacity of each party;
  
• Any impairment of the present or future earning capacity due to the party devoting time to domestic duties or having foregone or delayed education, training, employment or career opportunities due to the marriage;
  
• The time necessary to enable the party seeking maintenance to acquire appropriate education, training and employment, and whether that party is able to support himself or herself through appropriate employment or is the custodian of a child making it appropriate that the custodian not seek employment;
  
• The standard of living established during the marriage;
  
• The duration of the marriage;
  
• The age, physical and emotional condition of both parties;
  
• The tax consequences of the property division upon each of the parties;
  
• Contributions and services by the party seeking maintenance to the education, training, career potential or licenses of other spouse;
  
• Any valid agreement of the parties; and/or
  
• Any other factor that the court finds applicable.

The court may terminate, review or modify maintenance based on reevaluation of the initial criteria or based on the following factors:

• Any changes in the employment status of either party and whether the change has been made in good faith;
  
• The efforts, if any, made by the party receiving the maintenance to become self-supporting, and the reasonableness of the efforts;
  
• Any impairment of the present and future earning capacity of either party;
  
• The tax consequences of the maintenance payments upon the parties;
  
• The duration of the maintenance payments previously paid (and remaining to be paid) relative to the length of the marriage;
  
• The property, including retirement benefits awarded to each party under the original judgment;
  
• Remarriage by one party or cohabiting with another; and/or
  
• Any other factor that the court finds applicable.

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