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Spousal Maintenance
Where
one spouse is unable to support him or herself without financial assistance from the
other, maintenance (formerly known as alimony) may be needed. In New York, the court views this issue in two steps. First, the court addresses interim maintenance, which is paid while the case is pending in court and ends at or before the final divorce judgment is issued. The second step is the final award of maintenance, which sets the amount and duration of maintenance after the divorce is final.
For interim maintenance, the New York State legislature has provided the court with a formula to use to determine the amount of maintenance that will be paid while the divorce case is pending. The formula is recently enacted, and it remains to be seen how it will impact divorces in the coming months and years. The legislature is working on revisions to this law already, so it is unclear whether or when changes will be made.
Final maintenance orders in New York are not based on a formula. Rather, the legislature has provided a series of guidelines the court must consider when setting the amount and duration of maintenance. Among the factors the court must consider are the needs of the parties, the tax ramifications of the award, how long the parties were married, whether there are young children or adult disabled children in the home who require care, the age and health of the parties, the lifestyle the parties enjoyed before the divorce, the ability of the receiving spouse to become self sufficient and the length of time necessary to do so, among other factors.
In some cases, maintenance
can last a lifetime, where, for instance, a spouse is ill and unable to work, or
where a spouse is older and has never worked outside of the home. In those
instances, where a spouse is unlikely to ever find gainful employment and
become self-sufficient, lifetime maintenance may be appropriate.
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