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ALIMONY | MAINTENANCE

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Alimony.jpgMaintenance is a relatively new term which refers to spousal support.  The former term is alimony.  Under the Equal Protection Clause of the United States Constitution, both spouses are entitled to maintenance, if warranted, regardless of gender.   The award of maintenance depends upon several factors, including, but not limited to, the ages of the parties, the employability of each party, their prior work history, the number and ages of children, the length of the marriage, and the assets that will be available to each party after the conclusion of the case.

Types of Maintenance:

There are two types of maintenance:

  • Temporary maintenance:  Awarded only during the pendency of the action.  
  • Permanent maintenance:  Awarded after final judgment.  A term of maintenance can be a fixed set of years, or dependent upon a particularized set of circumstances financial or otherwise.


Up until October 2010, there was no formula to establish temporary or permanent maintenance.  During 2010, the New York State Legislature passed a temporary maintenance statute setting forth a specific formula for establishing temporary maintenance.  However, as it has been applied, the Courts have used this formula for guidance, rather than as a set calculation.

It should be noted that either spouse may receive temporary or permanent maintenance, but the factors applied in the determination of the temporary, or permanent maintenance is applied equitably to both parties.

 

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