The issue of whether a spouse will get spousal maintenance, and if so, in what amount and for how long, is a complex one. Whether the issue of maintenance is litigated or resolved by agreement, the following factors typically are applied:
- The financial resources of the party seeking maintenance, including separate or community property apportioned to him or her, and his or her ability to meet his or her needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party;
- The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find employment appropriate to his or her skill, interests, style of life, and other attendant circumstances;
- The standard of living established during the marriage or domestic partnership;
- The duration of the marriage or domestic partnership;
- The age, physical and emotional condition, and financial obligations of the spouse or domestic partner seeking maintenance; and
- The ability of the spouse or domestic partner from whom maintenance is sought to meet his or her needs and financial obligations while meeting those of the spouse or domestic partner seeking maintenance.
We also apply the following analyses:
- Equalization of cash flow for a period of time after divorce
- Equalization of net income.