Can I get maintenance, or do I need to provide maintenance for my spouse?

To obtain spousal support or alimony, one spouse typically must demonstrate that he or she has been substantially dependent upon the other spouse for financial support. Support may be negotiated as a lump sum or recurrent payment as part of a divorce settlement.

If a spouse’s request for maintenance goes before a judge, the judge will consider several factors, including:

  • The duration of the marriage
  • The accustomed standard of living
  • Marital misconduct by either spouse
  • Relative earnings and earning potential of each spouse
  • Amount and sources of earned and unearned income of each spouse
  • Assets and liabilities of the spouses
  • Physical, mental and emotional age and condition of each spouse
  • Contribution of one spouse to the education, training or earning power of the other.