Maintenance payment as property???

I understand that an ex-spouse can have a "property right" in the other spouses vested retirement plan. However, would that
annuity payment from the retirement plan be considered "maintenance"?
As an illustration, currently ex-husband pays ex-wife $1,000 per month maintenace. Ex-husband would like to retire at age 60. Per the separation agreement, ex-wife gets $1,025 per month from the retirement annuity of the ex-husband. Greedy ex-wife thinks she will get $2,025 per month when ex-husband retires - her regular maintenance payment PLUS her "property interest" in ex-husband's retirement annuity. Ex-husband thinks that ex-wife should get $1,025 maintenance per month from the retirement annuity since retired ex-husband makes less when retired than when he was working. Who is right?

Typically, courts will consider division of property (and restoration of property) when making an award of permanent maintenance. Therefore, to answer your question, the fact that she is receiving the monthly amount from your retirement SHOULD be one of the many factors the Court considers when setting permanent maintenance/alimony. Typically maintenance awards are based on the following:

1. Length of marriage
2. Difference in earning capacities
3. Education background
4. Fault
5. Division of property

These standards vary from state to state and application of the many standards is at the judge's discretion.