TITLE 32

DOMESTIC RELATIONS

CHAPTER 7

DIVORCE ACTIONS

32-705.  Maintenance. 1. Where a divorce is decreed, the court may grant a maintenance order if it finds that the spouse seeking maintenance:

(a)  Lacks sufficient property to provide for his or her reasonable needs; and

(b)  Is unable to support himself or herself through employment.

2.  The maintenance order shall be in such amounts and for such periods of time that the court deems just, after considering all relevant factors which may include:

(a)  The financial resources of the spouse seeking maintenance, including the marital property apportioned to said spouse, and said spouse’s ability to meet his or her needs independently;

(b)  The time necessary to acquire sufficient education and training to enable the spouse seeking maintenance to find employment;

(c)  The duration of the marriage;

(d)  The age and the physical and emotional condition of the spouse seeking maintenance;

(e)  The ability of the spouse from whom maintenance is sought to meet his or her needs while meeting those of the spouse seeking maintenance;

(f)  The tax consequences to each spouse;

(g)  The fault of either party.

History:

[32-705, added 1980, ch. 378, sec. 4, p. 963; am. 1990, ch. 336, sec. 1, p. 917.]