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Spousal Maintenance During and After Divorce

In New York there are two types of spousal maintenance or support:

  • temporary maintenance (or “Pendente Lite”), and
  • post-divorce maintenance

Temporary Maintenance

Temporary maintenance provides support to spouses with the immediate and reasonable means to maintain a standard of living the same as or similar to the lifestyle they had when married. Temporary maintenance provides support during the process of divorce. Once the judge makes a final order of maintenance, temporary maintenance ends.

Post-Divorce Maintenance

Post-divorce maintenance is awarded in the final phase of divorce. Factors such as age and health of both spouses, income and property of both spouses, the length of the marriage, the ability to earn income and be self-supporting, and whether there are children from the marriage living with one of the spouses, are often considered by the judge in determining spousal support.

New Formulas to Determine Payments and Duration of Spousal Support

Recently the New York State Senate passed a bill outlining formulas for determining the amount of support and limits to duration. The changes hope to make reaching a fair amount of support payments equitable and more consistent. Some of the changes in maintenance calculations include a “cap” on the payor’s income of $175,000, the inclusion or exclusion of child support payments, considering who will pay for the family expenses while the divorce is in process, a formula that links the length of the marriage to a percentage of income, the loss or delay of one partner’s career to care for the home and children, and inclusion of retirement assets, benefits, and retirement eligibility age.

Consult an Attorney 

It is important to keep in mind that the circumstances surrounding different divorces cases may bring about differences in outcomes. Seek the advice of an attorney who is experienced in family law to assist you through what is often a difficult process.

Bombardo Law Office | New York Family Lawyers

At Bombardo Law Office, P.C. we have over 20 years’ experience in helping families through the process of divorce. Please call 315.488.5544 or contact the Bombardo Law Office, P.C. online to arrange a free consultation and meet with you to discuss your concerns and options.

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