MAINTENANCE (ALIMONY OR SPOUSAL SUPPORT)
I have been a homemaker since our marriage 15 years ago when I was 25. How much maintenance should I receive? I have worked through most of my married life but my current salary is barely enough for me to get by. Will I receive maintenance? How much will I receive?
- If you have a lower income than your spouse, you are eligible to receive maintenance (also known as spousal support or alimony) from your spouse.
- You may be eligible to receive maintenance while your divorce is ongoing (called temporary maintenance).
- Maintenance guidelines are broken down by formulas for lower income and higher income situations.
Based on the maintenance guidelines, I am eligible to receive maintenance. For how long will I receive maintenance?
- The court will determine how long the maintenance award will be paid.
- In making the decision, the court must consider 15 Post-Divorce Maintenance Factors
- The court may also consider an advisory schedule which provides suggestions for the number of years maintenance should be paid based on the length of the marriage.
I am the payor spouse under the maintenance guidelines, and I am concerned that I will not be able to support myself if I am required to pay maintenance. Is there any protection for me?
- If the guideline amount of temporary or post-divorce maintenance would reduce your income (as the payor) below a pre-determined amount (called “self-support reserve”), then the court may adjust the maintenance award.
- As of March 1, 2020, the self-support reserve was set at $17,226.
Are my spouse and I required to follow the maintenance guidelines?
No, you and your spouse can agree to waive the right to, or “opt-out” of the maintenance guidelines in a properly executed and acknowledged written agreement.
What can I do if my spouse fails to pay court-ordered maintenance?
There are several legal remedies for the enforcement and collection of court-ordered maintenance.
Is there tax on an equitable distribution, maintenance and child support?
There is no tax on an equitable distribution award.