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33 U. Louisville J. Fam. L. 971 (1994-1995)
Maintenance: A Recognition of the Need for Guidelines

handle is hein.journals/branlaj33 and id is 979 raw text is: MAINTENANCE: A RECOGNITION OF THE NEED FOR GUIDELINES I. INTRODUCTION Litigant satisfaction in divorce matters is far lower than in any other type of case. Most judges who are murdered by dissatisfied customers are killed by irate domestic litigants, not by criminals. The reason is simple: in other liti- gation, fewer emotional issues are involved; more importantly, the judge has less discretion.' An unfortunate reality is that there are no winners in divorce.' As a result, few, if any, divorce clients are satisfied. Considering the fact that nearly half of all civil litigation in state courts in the United States is comprised of family law cases3 litigant dissatisfaction understanda- bly grasps the attention of judges and lawyers involved in divorce cases.4 A vital source of litigant dissatisfaction stems from judicial ar- bitrariness in ordering maintenance or alimony awards. In 1870, courts limited alimony to no more than one third of the husband's income.5 This simplistic approach to awarding maintenance, however, would not work today-today's divorces are much more complicated. One of the most complicated aspects of divorce is maintenance. A trial court has discretion to determine whether the facts of a case jus- tify a maintenance award, and, if so, the trial court determines the amount and duration of the award.' Appellate courts give great defer- ence to maintenance issues decided by the trial courts. If an appellate court finds that the trial court applied a reasonable analysis in award- ing maintenance, it upholds the trial court's decision.' Thus, trial courts have a great deal of discretion in ordering maintenance awards. 1 R. NEELY, THE DIVORCE DECISION 9, 168 (1984). Goldmeier v. Lepselter, 598 A.2d 482, 484 (Md. Ct. Spec. App. 1991). Mary Ann Glendon, Fixed Rules and Discretion in Contemporary Family Law and Suc- cession Law, 60 TUL. L. REV. 1165, 1169 (1986). 4 Id. ' McClurg's Appeal, 66 Pa. 366, 374 (1870). ' Bahr v. Bahr, 318 N.W.2d 391, 395 (Wis. 1982). 1 Enders v. Enders, 432 N.W.2d 638, 641 (Wis. Ct. App. 1988).

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