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Spouses have a duty to support one another for as long as they are married. “Spousal support” refers to financial assistance provided to a spouse during the marriage.

“Maintenance” refers to financial assistance paid by one party to another after the commencement of a matrimonial action. A court may order temporary or permanent maintenance in such an amount as justice requires in any matrimonial action.

Today, maintenance is generally rehabilitative in nature, that is, to provide the recipient spouse with an opportunity to achieve financial independence in situations where the former spouse is, and has been, out of the labor market and lacks sufficient resources, or has sacrificed her business or professional career to serve as a parent and homemaker. Only in cases where there is a marriage of very long duration where the former spouse has no probability of achieving financial independence will a court order permanent maintenance.

In determining the amount and duration of maintenance, a court will consider various factors, including but not limited to:

• the income and property of the respective parties including marital property distributed pursuant to equitable distribution;
• the duration of the marriage and the age and health of both parties;
• the present and future earning capacity of both parties;
• the ability of the party seeking maintenance to become self-supporting and, if applicable, the period of time and training necessary therefore;
• reduced or lost lifetime earning capacity of the party seeking maintenance as a result of having foregone or delayed education, training, employment, or career opportunities during the marriage;
• the presence of children of the marriage in the respective homes of the parties;
• the tax consequences to each party;
• contributions and services of the party seeking maintenance as a spouse, parent, wage earner and homemaker, and to the career or career potential of the other party;
• the wasteful dissipation of marital property by either spouse;
• any transfer or encumbrance made in contemplation of a matrimonial action without fair consideration.