How Does a Court Determine if a Spouse is Entitled to Maintenance?
Posted By Christopher J. MacGillis on Dec 1, 2009 4:35pm PST
A court will consider the following factors to determine if a spouse is entitled to maintenance:
1. the length of the marriage
2. the age and physical and emotional health of the parties.
3. the division of property made under s. 767.61.
4. the education level of each party at the time of marriage and at the time the action is commenced.
5. The earning capacity of the party seeking maintenance, including
educational background, training, employment skills, work experience,
length of absence from the job market, custodial responsibilities for
children and the time and expense necessary to acquire sufficient
education or training to enable the party to find appropriate
employment.
6. The feasibility that the party seeking maintenance can become
self-supporting at a standard of living reasonably comparable to that
enjoyed during the marriage, and, if so, the length of time necessary
to achieve this goal.
7. The tax consequences to each party.
8. Any mutual agreement made by the parties before or during the marriage,
according to the terms of which one party has made financial or service
contributions to the other with the expectation of reciprocation or
other compensation in the future, if the repayment has not been made,
or any mutual agreement made by the parties before or during the
marriage concerning any arrangement for the financial support of the
parties
9. The contribution by one party to the education, training or increased earning power of the other
10. Such other factors as the court may in each individual case determine to be relevant.
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