Maintenance

The purpose of maintenance is to assist a non-monied spouse ultimately become self-sufficient.

We have obtained favorable decisions on behalf of our clients seeking spousal support. Spousal maintenance, formerly known as “alimony”, is monetary support that one spouse may be required by law to pay to the other spouse when they divorce. Spousal maintenance can be temporary (during the divorce action), durational (for a fixed period of time) or permanent. Temporary Spousal maintenance is currently calculated by application of a mathematical formula. Unlike child support, the courts do not currently have a fixed formula to calculate post-divorce maintenance awards.  At a trial, a Judge will decide an application for a final award of spousal maintenance based upon consideration of certain factors:

– The length of the marriage

-The income of each spouse

-The separate property and marital property of the parties

– The age and health of each spouse

– The ability of the spouse seeking maintenance, to become gainfully employed or self-supporting

– The present and future earning capacities of each spouse

– The training or education expenses that would be required for one to become self-supporting

-If the spouse seeking maintenance has lost or reduced lifetime earning capacity as a result of missed training, education or career opportunities during the marriage

– Which spouse the children will live with

– Whether a spouse’s earning capacity is diminished by the responsibility of caring for the children, stepchildren, or other family members in which said spouse is the sole caretaker

– If the spouse seeking maintenance will have difficulty finding employment as a result of age, or being absent from the workforce for a significant period of time

– Expenses of the children

– The tax consequences to each party

– The contributions and services of the maintenance-seeking party, as a spouse, parent, homemaker, wage earner, and the employment or potential employment of the other spouse

– The loss, cost and availability of health insurance

– Any transfer or encumbrance of marital property made in anticipation of a matrimonial action without fair consideration

– The wasteful dissipation of marital property by either party

– Any other factors that the court finds just and proper

http://www.nycourts.gov/divorce/calculator.pdf (Temporary Maintenance Calculator)