There is a two-factor test for awards of Spousal Maintenance (alimony) - the first for qualification of maintenance, and the second to determine by how much.
In child support the calculator's inputs determine the child support order. However, in Spousal Maintenance there is no calculator. After the first round of factors to qualify, the Judge the considers all of the additional factors and from there, establishes an amount and duration of support that is appropriate for that specific case.
“Negotiating a settlement invites the option to make the order non-modifiable”
There are 5 factors to qualify for spousal maintenance answering the main question of self-sufficiency. Only one of these factors is needed to qualify for spousal maintenance.
There are 13 factors for determining the amount and duration. A Judge can give more or less consideration to any one of these factors, it just needs to be considered.
Important Take-Aways
Awards can be non-modifiable if both parties agree. Negotiating a settlement invites the option to make the order non-modifiable, meaning that neither party would be allowed to modify spousal maintenance. While this would stop the receiving spouse from requesting more maintenance, it would also preclude the paying spouse from reducing maintenance if there was a loss of income, such as employment separation or disability.
Infidelity is not a considering factor. However, if infidelity was present and community funds were used for that relationship, it is a factor for determination that a spouse should expect the other to raise. But Spousal Maintenance cannot be used to exact revenge, absent detail on excessive and abnormal expenses.
In some situations, a large asset division in the divorce can show self-sufficiency, even for a spouse who has no work experience or formal education.
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