Written by attorneys · grounded in primary & secondary sources — see below
in family law
A benchmark used to determine whether a spouse possesses enough property to cover ordinary living expenses after divorce, measured against the standard of living established during the marriage.
Sources & Authorities
How it applies
Common Examples
6
Maintenance Eligibility After Minimal Award
Rina Rahman received only an older home needing fifteen thousand dollars in repairs and twelve thousand dollars in credit card debt after her divorce. Her former spouse took the newer home and remaining assets. With no recent work history and a child requiring constant medical monitoring, Rina cannot cover food, utilities, and care costs from existing resources. The court finds she lacks sufficient property to provide for her reasonable needs and awards maintenance.
Life Tenant Seeks Sale Proceeds
After divorce, Rosa Ruiz receives only a modest rental stream and must cover substantial medical and housing costs for herself and a dependent child. Her former spouse holds the bulk of the marital assets. Rosa petitions the court for increased maintenance. The court awards support sufficient to meet her reasonable needs without requiring liquidation of her limited separate property.
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Statutes
Uniform Acts
Casebooks
Hornbooks
Course Outlines
Study Supplements
Baker v. Weedon262 So. 2d 641
Corporate Opportunity Line of Business
Following dissolution, Roger Ramirez's former spouse lacks sufficient assets and steady income to meet ordinary living expenses for herself and their child. She petitions for maintenance. The court determines that the award must cover her reasonable needs measured by the marital standard of living and grants temporary support.
Miller v. Miller301 Minn. 207, 222 N.W.2d 71, 81 (1974)
Corporate Expansion Opportunity
After divorce, the former spouse of a corporate executive possesses minimal property and cannot support herself at the marital standard. She seeks maintenance. The court finds she lacks resources to meet her reasonable needs and awards periodic payments calibrated to the lifestyle maintained during the marriage.
Guth v. Loft, Inc.23 Del. Ch. 255, 5 A.2d 503, 510 (1939)
Municipal Fair Share Housing
Following divorce, a custodial parent receives limited assets and cannot afford housing or basic expenses for the child within the marital community. She petitions for maintenance. The court awards support sufficient to satisfy her reasonable needs, taking into account the standard of living during the marriage.
Southern Burlington County NAACP v. Township of Mount Laurel336 A.2d 713, *appeal dismissed and cert. denied*, 423 U.S. 808 (1975)
Director Corporate Opportunity
After divorce, Raphael Rivera's former spouse has no recent employment history and insufficient property to cover food, housing, and child-care costs. She requests maintenance. The court finds she cannot meet her reasonable needs from existing resources and grants an award under the statutory factors.
Broz v. Cellular Information Systems, Inc.673 A.2d 148, 154–55 (Del. 1996)
Common questions
Frequently Asked
3
What two threshold conditions must a spouse satisfy to receive maintenance under UMDA § 308(a)?+
The spouse must lack sufficient property to provide for reasonable needs and must be unable to support himself through appropriate employment or be the custodian of a child whose condition makes outside employment inappropriate. Only after both conditions are met does the court consider amount and duration under § 308(b).
Supporting sources
Does the existence of some part-time work automatically defeat a maintenance claim?+
No. Sporadic or limited freelance income does not satisfy the reasonable-needs test when the spouse's overall resources and child-care demands still leave a shortfall. The statute focuses on whether the spouse can realistically meet reasonable needs, not on whether any work at all is possible.
Supporting sources
How does a child's medical condition affect the reasonable-needs analysis?+
A child's severe health needs that require constant supervision can satisfy the second statutory threshold by making outside employment inappropriate for the custodian. The court then weighs the child's condition against the other § 308(b) factors when setting amount and duration.
Supporting sources
336 A.2d 713, 423 U.S. 808 (1975)Property
…1965), aff'd 44 N.J. 338 (1965). The limitation of the municipality's affirmative duty to one of providing for its fair share of reasonable needs responds to this interest. Cf. Mass. Gen. Laws Ann., c. 40B, §§ 20-23 (a statute authorizing the state to override local zoning restrictions for low and moderate income housing projects,…