This area has seen significant changes in the last two years. The Domestic Relations Law and Family Court Act were recently amended as to the duration and amount of maintenance and support. The courts now apply a formula for spousal support based generally on the income of the parties, with exceptions. It is critically important to have an experienced knowledgeable and well qualified attorney represent you. The Law Offices of Karl Brodzansky is up to date on all the new rules and statutes.
In the state of New York, spousal maintenance is available in two different forms:
Pendente lite is the temporary form of maintenance that is paid to the receiving spouse while the divorce case is still pending. It is intended to provide him or her with immediate financial support and will end when the final order of maintenance is made upon the conclusion of the divorce proceedings.
The supported spouse may be awarded post-divorce maintenance after the divorce action is finalized. Post-divorce maintenance is terminated upon the death of either spouse or the remarriage of the supported spouse.
SPOUSAL MAINTENANCE CONSIDERATIONS
In a divorce case, either party may seek spousal maintenance that can be paid during or following divorce, regardless of whether the case is based on fault or no-fault grounds. The court will evaluate the circumstances and numerous factors to decide whether to award alimony.
Some of the factors that will be considered include:
Duration of the marriage
Standard of living established during the marriage
Financial resources of both parties
How the party seeking support will become self-supporting
Length of time needed for receiving spouse to become educated and trained in order to earn income
Age, health, and other conditions of each party
As you navigate a complex maintenance case, you will need to receive the quality legal guidance that The Law Offices of Karl Brodzansky offers.