"Maintenance" is an award from the future income of one spouse for the the support of the other spouse. It used to be called "alimony."

Maintenance may be "reserved," "waived," "awarded" or "denied." An award of maintenance may also be "temporary" or "permanent."

Temporary maintenance is awarded for a fixed period of time with the intent that it will assist the collecting spouse in re-entering the work force by securing the education necessary for career advancement. Permanent maintenance is paid until the death of either party, or until the receiver remarries.

Unlike child support, maintenance is considered taxable income by the IRS. Often, couples will negotiate various sums and tax deductions in order to obtain maximum value for dollars paid or received on a monthly basis. Fogel Law Offices, P.A. has handled all of these scenarios.

A number of factors play a role in the character and amount of the maintenance award:

• Ability of spouse to provide for reasonable needs
• Standard of living established during marriage
• Custody of a child when working outside the home is not appropriate
• Financial resources of spouse seeking maintenance
• Ability to obtain appropriate employment
• Loss of earnings, retirement benefits, and other opportunities
• Age and physical condition of spouse seeking maintenance
• Ability of spouse to pay
• Contributions to business and other marital property.

An award of spousal maintenance is almost always subject to future modification. Modification of either the amount or duration of maintenance is made through a court hearing. Typically, a modification is granted if there has been a "substantial change in circumstance" or the original order is otherwise unreasonable or unfair. It is the obligor’s burden to prove that such a change of circumstances has occurred.