Is there a maximum dollar amount of spousal maintenance or is it based on many other factors?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is there a maximum dollar amount of spousal maintenance or is it based on many other factors?
I make a significant amount more money than my spouse and I’m afraid that I will have to pay her much more than is deserving. Is there a minimum and maximum amount of maintenance?
Asked on November 22, 2011 under Family Law, Idaho
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Spousal support depends on many factors. The amount of spousal support is determined by the lifestyle to which your spouse has been accustomed. There are many factors which determine the duration of spousal support and whether or not spousal support is even ordered. In CA, the following factors are considered in determining spousal support: the extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage. Factors considered include: marketable skills of the supported party; job market for those skills; time and expenses required to obtain the education and training to develop those skills and possible need for retraining or education to acquire other more marketable skills or employment; extent to which supported party's present or future earning capacity is impaired by periods of unemployment during marriage due to domestic duties; extent to which supported party contributed to education, training, license or career position of the supporting party; ability to pay of the supporting party considering earning capacity, earned and unearned income, assets and standard of living; needs of each party based on the standard of living established during marriage; obligations and assets; duration of marriage. Death or remarriage terminates spousal support. Spousal support can be for a fixed period of time or a contingent period of time. A vocational training consultant can assess a party's ability to obtain employment based on age, health, marketable skills, employment history and the current availability of employment opportunities.
As I mentioned, these are factors that are considered in CA in determining the amount and duration of spousal support. Your state may have different rules, but this is just to provide some general background information regarding spousal support.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.