Maintenance in New York family law
Maintenance, which is also known as spousal support or alimony, is financial support provided to one spouse by the other. The New York State Family Court can order temporary maintenance, permanent maintenance, or both, depending on the circumstances of the matrimonial action.
Temporary vs. permanent maintenance
Temporary maintenance requires one spouse to support the other financially while the divorce is being finalized. Once the divorce goes through, it stops and the judge determines whether or not permanent maintenance is appropriate. It sometimes happens that one spouse receives temporary maintenance during the divorce action, but nothing once the decree is issued.
Determining maintenance
When deciding whether or not spousal support is appropriate in a given case, the judge will examine the financial needs of the spouse requesting assistance and compare them to the other spouse’s ability to pay. Other factors taken into consideration include:
- The duration of the marriage
- The present and future earning capacity of each spouse
- The age and state of health of each spouse
- Whether or not one spouse needs to incur expenses related to training or education
- Whether or not child care has an impact on one spouse’s ability to earn a living
- The ability of the petitioning spouse to become self-supporting
- Any unnecessary dissipation of marital property
- Contributions that a homemaker spouse made to help improve the other spouse’s earning ability
The judge will also determine whether or not one spouse did anything to prevent or continue to prevent the other spouse’s ability to get a job and earn their own living. A common example is domestic violence.
Duration of maintenance
While temporary maintenance ends when the final judgment of divorce is entered, permanent maintenance ends under one of three possible conditions:
- The date specified in the maintenance order
- Either spouse dies
- The spouse receiving maintenance payments remarries
How long one spouse will receive maintenance depends on a variety of factors, but as a general rule, they were always entitled to support for a period of time equal to one-third to one-half of the marriage’s length. In 2015 the legislature passed recommend guidelines for the courts to take into account when deciding the length of maintenance:
- For marriages that lasted up to and including 15 years: 15% to 30% of the length of the marriage
- 16 to 20 years: 30% to 40% of the length of the marriage
- More than 20 years: 35%–50% of the length of the marriage
Either spouse can ask a Family Court judge to amend the permanent maintenance order if there is a substantial change in circumstances. For example, if the spouse receiving maintenance begins to work or starts making a lot more money than before, the payment amounts may be reduced or terminated altogether.
Spousal maintenance can be a confusing process. Any couple undergoing divorce should each retain an experienced New York divorce attorney to ensure that the support amount ordered is fair on both sides and that each spouse has an adequate financial foundation for building a new life. At Eskin and Eskin, P.C., we are a family law firm for family law needs committed to your success. We offer free consultations and have over 40 years of combined experience. We recognize that obtaining the correct amount of spousal maintenance is important and will affect your life for years to come. Call 718-402-5204 to set up your consultation and visit www.EskinAndEskinLaw.com to learn more about our firm.
