In a dissolution of marriage case, the court has an obligation to divide all of the property belonging to the parties. Generally, property acquired during the marriage is considered marital property. Generally, property brought to the marriage by either of the parties is separate property. Property acquired during the marriage by one of the parties by gift or inheritance may be separate property. The separate property of the parties is to be set aside to the appropriate party in a dissolution of marriage case.
Maintenance is what used to be known as alimony.
Maintenance can be awarded in a dissolution of marriage case if either of the parties is not able to support himself or herself. Many factors are considered in deciding maintenance including the length of the marriage, age, health, work history, educational background, young children at home, and income level of the parties. There are no formulas for calculation of maintenance, and it is evaluated on a case by case basis. In a dissolution of marriage case, the court can give either party an award of attorneys fees so that the other party is ordered to pay for some portion of his or her attorneys fees. This is generally apportioned based on the income levels of the parties.