Spousal maintenance is one of the most litigated issues in family law cases. This is because there is no formula to calculate spousal maintenance, making each case different. Spousal maintenance requires determining (1) if a spouse qualifies (2) if so, for how much and (3) for how long. Spousal maintenance can be non-modifiable only if the parties agree to do so. Spousal maintenance requires looking at both parties’ reasonable needs to determine not only how much the receiving spouse needs but also to determine if the paying spouse can afford to pay.
