A spouse whose income is substantially less than the other spouse is eligible for maintenance. For cases commenced after January 23, 2016, when an amendment to the statute governing maintenance went into effect, maintenance is determined by the application of a formula employing the parties’ incomes. The same formula is used for both temporary maintenance and final maintenance awards, and results in a presumptively correct maintenance figure. The income of the spouse making more money (the “monied spouse”) is currently capped at $178,000. The formula for determining maintenance uses two equations; the equation that produces the lower number becomes the presumptively correct maintenance. For an explanation and hypothetical illustration of these equations, please see the article on this website entitled “ .” The best way to determine if you are eligible for maintenance is to “do the math” and see whether (and how much) maintenance to expect. It is important to note that the presumption of the correct maintenance amount provided by the formula can be defeated. The statute provides numerous factors that the court can consider should one of the parties wish to challenge the presumptively correct amount. These factors, if applied, could cause the presumptively correct amount to go up or down; for example, acts of domestic violence that “inhibit earning capacity” could cause the amount to go up. On the other hand, if the parties were separated for a long time before the divorce and the lower-income spouse supported herself adequately without maintenance, this “pre-divorce separate household” could conceivably reduce the amount of temporary maintenance below the presumptively correct amount.