Also known as: maintenance orders · support order · maintenance decree
Written by attorneys · grounded in primary & secondary sources — see below
A court order requiring one spouse to provide financial support to the other following dissolution of marriage, legal separation, or a maintenance proceeding after a prior decree issued without personal jurisdiction over the absent spouse. The order is available only when the spouse seeking maintenance lacks sufficient property to meet reasonable needs and cannot support himself through appropriate employment or must remain home as custodian of a child whose condition makes outside work inappropriate. The court sets the amount and duration by considering all relevant factors without regard to marital misconduct.
Monica Morgan obtained a dissolution decree in State X without personal jurisdiction over her husband Mustafa Mahmoud. She now petitions in State Y for maintenance. The court finds Monica lacks sufficient property for her reasonable needs and cannot support herself through appropriate employment. It grants a maintenance order under the statutory criteria.
After a foreign dissolution decree, spouse Elena Ruiz petitions the court in her new state for a maintenance order. The court determines she lacks sufficient property and cannot support herself through appropriate employment. It grants the order after making the required statutory findings.
Select any source to read its text and confirm it supports the definition.
Spouse David Klein seeks maintenance after dissolution. The court examines his financial resources, the time needed for training to obtain employment, and the marital property apportioned to him. It sets the amount and duration the court deems just without considering marital misconduct.
Ming Ma petitions for maintenance after dissolution. The court examines her financial resources, the time needed for education or training to obtain employment, and the marital property apportioned to her. It sets the amount and duration the court deems just without considering marital misconduct.
Spouse Nora Patel petitions for maintenance following a prior dissolution decree issued without personal jurisdiction over the absent spouse. The court finds she meets the statutory need criteria and enters a maintenance order for a just amount and duration.
Spouse Victor Soto requests maintenance after legal separation. The court reviews all relevant factors including his age, health, and future earning capacity. It awards maintenance for the period the court deems just without regard to marital misconduct.
The court may grant a maintenance order only if the spouse seeking maintenance lacks sufficient property to provide for reasonable needs and is unable to support himself through appropriate employment or is the custodian of a child whose condition or circumstances make outside employment inappropriate.
Supporting sources
No. The court determines the amounts and periods of time it deems just without regard to marital misconduct after considering all relevant statutory factors.
Supporting sources
A maintenance order may be granted in a proceeding following a dissolution decree issued by a court that lacked personal jurisdiction over the absent spouse, provided the statutory need findings are satisfied.
Supporting sources
Yes. A court may grant a maintenance order in a proceeding following such a decree if the statutory need findings are satisfied.
Supporting sources
…submits proof of compliance with the support obligation and, in addition, demonstrates that the children covered by the support order "are not then and are not likely thereafter to become public charges." No marriage license may lawfully be issued in Wisconsin to a person covered by the statute, except upon court order;…