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?

  1. 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.
  2. You may be eligible to receive maintenance while your divorce is ongoing (called temporary maintenance).
  3. 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?

  1. The court will determine how long the maintenance award will be paid.
  2. In making the decision, the court must consider 15 Post-Divorce Maintenance Factors
  3. 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?

  1. 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.
  2. 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.