The June 30 appellate court opinion in Marriage of Shen addresses many different family law topics. One of the many topics is “permanent” maintenance (also known as alimony or spousal support).
The husband and wife married in July 1990. The husband filed for divorce in April 2009. The divorce went to trial on various dates, the last of which happened in October 2012. During the marriage the wife worked three years as a billing administrator earning about $30,000 annually, but was primarily the family homemaker while the husband provided the primary source of family support. In 2008 the husband had $70,000 gross annual income while the wife grossed about $36,000. However, as of November 2011 the wife was unemployed, and later received unemployment benefits of about $1,052 monthly. The wife had no income or housing as of October 2012. In 2011 the husband grossed almost $80,000 and was on pace for similar earnings in 2012.
The trial court awarded the wife maintenance of $1,300 monthly, with maintenance to terminate for statutory reasons (death, remarriage, or cohabitation), or when she reached age 66 and could apply for full Social Security benefits. The appellate court reversed, finding a permanent maintenance award appropriate.
The trial court erroneously deviated from the statutory termination events by ending the wife’s maintenance when she becomes fully entitled to Social Security. The trial court knows nothing about what the husband’s or the wife’s financial circumstances will be when the wife turns 66 years old, which would be “many years in the future.” Deciding if the wife still needs maintenance when she reaches age 66 should be decided later, not now.
Many potential maintenance payers (and some recipients) initially express surprise about “permanent” maintenance. The Shen opinion made two very important points that bear repeating. First, “permanent” maintenance does not mean everlasting, because it can be terminated or modified. Second, “indefinite” probably better than “permanent” describes maintenance with no specific termination or modification date.