Per the maintenance guideline, and in general:
Maintenance is not typically awarded for marriages that lasted less than three years;
The maintenance guideline does not apply where the combined adjusted gross annual income exceeds $250,000;
The term of maintenance for a marriage that lasts twenty or more years may not be less than ten years;
The amount of maintenance is based on a formula:
40% higher monthly income – 50% lower monthly income.
But, when adding maintenance to the gross income of the lower earner, the lower earner’s resulting total monthly income (including maintenance) may not exceed 40% of the parties’ combined monthly adjusted gross income.
The duration of maintenance is determined by a percentage of the time the parties were married. For a three year marriage, the duration of maintenance is 31% of the marriage term, or 11 months. The amount increases by approximately .17% for each additional month of marriage.
However, the court retains the authority to modify the amount and term of support based on other factors it considers. The actual orders that are entered are dependent on the circumstances of the parties as they exist at the time of a permanent orders hearing. Therefore, while the maintenance guideline is a good indicator, it is not hard and fast. It is, after all, only a guideline.
If you have questions about maintenance or other family law matters, please contact us. We are here to help protect you, your assets, and your family.