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Spousal Maintenance
Spousal maintenance, formerly called alimony,
is the financial support that one spouse is ordered to pay
to another spouse in a dissolution of marriage proceeding.
Unlike child support, there are no statutory guidelines
the Court is required to follow in setting spousal maintenance.
The amount and duration of a spousal maintenance award is
dependent upon the length of the marriage, the disparity in
earnings and earning capacity, and the respective monthly
living expenses or needs of the parties.
Permanent spousal maintenance may be awarded
in long term marriages where there is a great disparity in incomes
between the parties, while temporary or rehabilitative spousal
maintenance may be awarded in shorter marriages where the spouse
receiving the maintenance has an ability to increase his or
her earnings within a projected period of time.
Absent specific agreement of the parties
or order of the Court, permanent spousal maintenance will only
terminate upon the death or remarriage of the spouse receiving
the financial support. Parties can agree on the amount and
duration of spousal maintenance or can even waive their right
to receive financial support if none is needed or if they are
compensated through some other means.
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