Spousal Maintenance FAQ

Q: What is spousal maintenance?
Spousal maintenance is paid either pursuant to a court order or an agreement between a husband and wife. It is usually for a fixed period of time and for a specific amount.
Q: Who pays income tax on spousal maintenance?
It is taxable to the recipient as income and a tax deduction to the person who pays it.
Q: What factors does the court use to determine an award of spousal maintenance?
The court takes into consideration when determining a spousal maintenance award the income and assets of the parties, the financial resources of the parties, the prior standard of living of the parties and various other factors. There are, all together, ten different factors considered by a court in determining spousal maintenance. There are two types of spousal maintenance. Temporary spousal maintenance is paid during the pendency of the case. In addition, spousal maintenance can also be awarded at the end of the case.