WILL MY SPOUSE HAVE TO PAY ME MAINTENANCE (ALIMONY) AFTER THE DIVORCE, AND IF SO, FOR HOW LONG?
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Under the recently enacted legislation that went into effect in 2016, there is a formula on how to calculate the temporary spousal maintenance, as well as an advisory schedule for the post-divorce maintenance amount and duration. There are also additional factors that the Court shall consider in determining the amount and duration of the maintenance award. Here are several factors considered to be the more significant:
- the duration of the marriage and the age and health of each spouse;
- the present and future earning capacity of each spouse;
- your ability to become self-supporting;
- reduced or lost lifetime earning capacity as a result of your having foregone or delayed education, training, employment, or career opportunities during the marriage;
- the presence of children of the marriage in your home;
This is a complex determination and one that will be affected by a host of considerations.