A concern for many spouses, whether you’re the moneyed or less-moneyed spouse, is: how long do I have to pay or can I receive maintenance? There is temporary maintenance, and there is post-divorce maintenance. Temporary maintenance is paid during the course of an action. Post-divorce maintenance is awarded by a court in the determination, as to the amount and duration, based upon consideration of factors that are in the Domestic Relations Law. This is the law that governs Divorces in New York. The court considers these statutory factors, as well as the pre-divorce standard of living. Some of the factors that may be considered are the earning capacity of the party, whether someone has foregone a career such that they can take care of the children. The court will also consider how long someone will need to become self-sufficient, and any necessary education or training. Those are the types of things that a court will consider in determining both the duration and the amount.
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This informational blog post was provided by Kate Falco, an experienced New York Spousal Support Attorney.
