Rachel K. Baumel, LLC
Comprehensive Family Law Services and Mediation


Maintenance may be awarded in a divorce, depending on many factors, such as:

A temporary maintenance order in those circumstances in which the parties' combined annual gross income is more than seventy-five thousand dollars or a maintenance order entered at the time of permanent orders shall be in such amounts and for such periods of time as the court deems just, without regard to marital misconduct, and after considering all relevant factors including:

    1. The financial resources of the party seeking maintenance, including marital property apportioned to such party, and the party's ability to meet his or her needs independently,including the extent to which a provision for support of a child living with the party includes a sum for that party;
    2. The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment and that party's future earning capacity;
    3. The standard of living established during the marriage;
    4. The duration of the marriage;
    5. The age and the physical and emotional condition of the spouse seeking maintenance;and
    6. The ability of the spouse from whom maintenance is sought to meet his or her needs while meeting those of the spouse seeking maintenance. 

A temporary maintenance formula can be calculated to provide one party with temporary support after the date of filing and before the final hearing. Both parties must make a combined income of under $75,000 for the temporary maintenance formula to apply.