Maintenance/Alimony

Maintenance, formerly known as alimony, is the payment of ongoing support from one party to another. There are several different circumstances in which the Court awards maintenance. It is generally granted where one party is unable to maintain himself or herself without support from the other. Maintenance, whenever possible, should be rehabilitative in nature with the objective of enabling the recipient to become self supporting. Accordingly, the amount of maintenance paid and the duration should be limited while providing a sufficient amount to meet this objective. Permanent maintenance is awarded when rehabilitation is neither likely nor practicable. It is generally utilized in dissolving long term marriages where one party earns a significant income while the other party has a limited or no income and is unlikely to become self supporting. Generally, maintenance, including permanent maintenance, is modifiable unless otherwise agreed to by the parties.

Maintenance unless otherwise terminated pursuant to the provisions of any Judgment or Agreement is generally terminated upon the death of either party, remarriage of the recipient, or cohabitation with another person on a conjugal basis by the recipient.

Maintenance is generally tax deductible by the payor and is included in the taxable income of the recipient.