The current statute adopted in 2016 adds some uniformity to the dissolution process. Prior to implementing specific guidelines, judicial inconsistency and unpredictability made it difficult to offer and accept settlement proposals on support issues. The current statutory guidelines establish parameters for determining both the amount and duration of maintenance awards for cases where combined gross income of the parties is less than $500,000 per year. The amount of maintenance will be 33-1/3 percent of the payor’s net annual income less 25 percent of the payee’s net annual income, subject to a cap to ensure that the payee does not receive more than 40 percent of the parties’ combined net income of the parties.
Regarding duration, the maintenance award is to continue for a period of time determined by multiplying the percentage times the length of marriage: 0-5 years is 20 percent; 5- 6 years is 24 percent; 6-7 years is 28%; 7-8 years is 28%; 7-8 years of marriage is 32%; 8-9 years is 36 percent; 9-10 years is 40%; 10-11 year is 44%; 11-12 years is 48%, 13-14 years is 56%; 14-15 year is 60%. For marriages that last 20 years or longer, the court can either order indefinite maintenance or maintenance for a period of time equal to the length of the marriage.
Similar to child support awards, judges will be allowed to deviate up or down from these guideline amounts, provided the judge makes findings explaining its reasons for not adopting the guidelines.