Am I entitled to maintenance?

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A maintenance award is not gender-specific - either spouse may be awarded maintenance. The grounds for divorce and any marital misconduct cannot be considered by the judge in deciding the question of maintenance. The judge must consider several factors in deciding whether maintenance is appropriate and if so, the amount, duration and reviewability of the award. The statutory factors are:

  1. the income and property of each party, including marital property apportioned and non-marital property assigned to the party seeking maintenance
  2. the needs of each party
  3. the present and future earning capacity of each party
  4. any impairment of the present and future earning capacity of the party seeking maintenance due to that party devoting time to domestic duties or having foregone or delayed education, training, employment, or career opportunities due to the marriage
  5. the time necessary to enable the party seeking maintenance to acquire appropriate education, training, and employment, and whether that party is able to support himself or herself through appropriate employment or is the custodian of a child making it appropriate that the custodian not seek employment
  6. the standard of living established during the marriage
  7. the duration of the marriage
  8. the age and the physical and emotional condition of both parties
  9. the tax consequences of the property division upon the respective economic circumstances of the parties
  10. contributions and services by the party seeking maintenance to the education, training, career or career potential, or license of the other spouse
  11. any valid agreement of the parties; and
  12. any other factor that the court expressly finds to be just and equitable.

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