1. The amount of spousal maintenance may be so-called “guidelines” or “non-guidelines” maintenance.
2. “Guidelines” maintenance applies in cases where the combined gross annual income of the spouses is less than $500,000.00 and is calculated as follows:
a. 33 1/3% of the payor annual income minus 25% of the payee’s annual net income; and
b. The amount so calculated, however, when added to the payee’s net income, cannot result in the payee receiving more than 40% of the combined net income of both spouses.
3. The duration of spousal maintenance is based on the length of the marriage, e.g
for example, for short marriages of the duration of less than 5 years, the length of marriage is multiplied by .20. On the other hand, for marriages of 20 or more years, the court may order spousal maintenance equal to the duration of the marriage or spousal maintenance for indefinite period.
4. Like child support, maintenance is modifiable which requires filing of an appropriate motion with court.
Contact Michalski & Gubernat, P.C., to see if you are entitled to maintenance from your spouse or if you are defending yourself from having to pay maintenance.
Call Michalski & Gubernat, P.C., experienced family law attorneys.