When a marriage ends, spousal maintenance also known as alimony may be
awarded to ensure that both parties can maintain a fair standard of living after
separation or divorce. However, this is not a one-size-fits-all arrangement. The
court considers several important factors before deciding whether spousal
maintenance should be granted, the amount to be paid, and the duration of the
payments.
Some of the key factors include:
- Income and Earning Capacity of Both Parties
The court examines the financial resources of each spouse, including
salaries, investments, and potential earning capacity. If one spouse earns
significantly less or has limited employment opportunities, this can influence
the maintenance decision. - Duration of the Marriage
Generally, the longer the marriage, the more likely it is that spousal
maintenance will be awarded especially if one spouse was financially
dependent on the other for an extended period. - Standard of Living During the Marriage
The lifestyle established during the marriage plays a crucial role. The goal of
maintenance is to help the receiving spouse continue a similar standard of
living after separation, where possible. - Age and Health of Each Spouse
A spouse with health challenges or who is of an age that makes returning to
the workforce difficult may require additional support. - Contributions to the Marriage
non-financial contributions, such as raising children or supporting a spouse’s
career, are also taken into account. - Other Relevant Circumstances
Courts may also consider factors such as existing debts, property division,
and any prenuptial agreements in place.
By weighing these factors, the court aims to reach a fair and reasonable outcome
that balances the needs and abilities of both parties.