Factors

Many Factors Will Determine Maintenance & You Need Skilled Legal Advice

maintenanceA court that determines that a spouse is eligible to receive maintenance shall determine the nature, amount, duration, and manner of periodic payments by considering all relevant factors, including:

the financial resources of the spouse seeking maintenance, including the community and separate property and liabilities apportioned to that spouse in the dissolution proceeding, and that spouse’s ability to meet the spouse’s needs independently;

  • the education and employment skills of the spouses, the time necessary to acquire sufficient education or training to enable the spouse seeking maintenance to find appropriate employment, the availability of that education or training, and the feasibility of that education or training;
  • the duration of the marriage;
  • the age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance;
  • the ability of the spouse from whom maintenance is requested to meet that spouse’s personal needs and to provide periodic payments, if applicable, while meeting the personal needs of the spouse seeking maintenance;
  • acts by either spouse resulting in excessive or abnormal expenditures or destruction, concealment, or fraudulent disposition of community property, joint tenancy, or other property held in common;
  • the comparative financial resources of the spouses, including medical, retirement, insurance, or other benefits, and the separate property of each spouse;
  • the contribution by one spouse to the education, training, or increased earning power of the other spouse;
  • the property brought to the marriage by either spouse;
  • the contribution of a spouse as homemaker;
  • marital misconduct of the spouse seeking maintenance;  and
  • the efforts of the spouse seeking maintenance to pursue available employment counseling.

Determining Spousal Maintenance is complicated, you may find it almost impossible to achieve without the help of a skilled San Antonio Divorce Lawyer.

Factors That Determine Maintenance Are Complicated & Different For Each Situation