The purpose of maintenance is to allow the financially needy spouse to become self-supporting. In determining the amount and duration of maintenance, the court must balance various factors including each party’s means and needs, and the standard of living which the parties enjoyed during the marriage. Additional factors to be considered by the court include, but are not limited to, the property distributed to each party in the divorce action; the duration of the marriage; the age and health of each party; the parties’ earning capacities; the period of time which will be needed for a party to become self-supporting; the presence of children in the marriage; and the contributions of each party as a wage earner, parent and homemaker.

The laws of maintenance are gender neutral. Although husbands have traditionally been viewed as the spouse who would be paying maintenance, there is no limitation as to which spouse can seek a maintenance award. It is also important to note that the party receiving maintenance is liable to pay income taxes on the award, while the party paying maintenance may deduct such payments from his or her taxable income.

To determine the scope of an appropriate maintenance award it is often necessary to obtain expert financial advice and utilize the skills of an experienced matrimonial attorney. Such individuals can properly determine each party’s reasonable support needs and ability to provide for the support of their spouse.