10.05.210 Spousal maintenance – Computation factors.
(A) In a proceeding for dissolution of marriage, legal separation, or a declaration of invalidity, the Tribal Court may grant a maintenance order for either spouse only if the Tribal Court finds that the spouse seeking maintenance:
(1) Lacks sufficient property, including property apportioned to him or her, to provide for his or her reasonable needs; or
(2) Is unable to support himself or herself through appropriate employment or is the custodian of a child whose age or condition is such that the custodian should not be required to seek employment outside the home.
(B) The maintenance order shall be in such amounts and for such periods of time as the Tribal Court deems just, without regard to marital misconduct, and after considering all relevant factors, including:
(1) The financial resources of the party seeking maintenance, including marital property apportioned to him or her and his or her ability to meet his or her other needs independently;
(2) The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment;
(3) The standard of living established during the marriage;
(4) The education of each spouse during the marriage;
(5) The duration of the marriage;
(6) The age and the physical and emotional condition of the spouse seeking maintenance;
(7) The ability of the spouse from whom maintenance is sought to meet his or her needs while meeting those of the spouse seeking maintenance; and
(8) Excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common. [Res. 09-R-062 Title 2 § (4)(H), 4/30/2009.]