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What would be appropriate factors that affect earning capacity when determining spousal support?If an ex-spouse has no earning capacity, or only a little earning capacity, maintenance would be in order. If the ex-spouse has a condition that would prevent the development of an earning capacity or would limit the possible earning capacity, then the maintenance would be of a longer term or may possibly be permanent. That said, the primary factors in determining earning capacity would include, potential and time. |
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