Issues Surrounding Temporary And Permanent Spousal Maintenance
There are two types of spousal maintenance (formerly “alimony”), temporary ? enabling the needy spouse to subsist until the trial ? and permanent, which economically “rehabilitates” the nonmonied spouse until remarriage or the death of either spouse.
The amount and duration of the spousal maintenance obligation depends largely on the preseparation standard of living, the spouse’s ability to become self-supporting and the length of the marriage.
If you have questions about New York spousal support law, I have answers ? and 40-plus years of experience to back them up. I am divorce and family law attorney Robert G. Smith of the Robert G. Smith, PLLC, law firm.
The Facts You Need About Temporary Spousal Maintenance
One of the most important steps that a monied spouse can take is to seek a generous temporary spousal maintenance order. This levels the playing field, helps maintain the marital standard of living and enables you to have your day in court.
The expertise of a diligent lawyer is essential to ensure the calculation of a fair temporary spousal maintenance award. The paying spouse needs to take care that too much money is not ordered to be paid temporarily, which might result in the seizure of assets or incarceration. Then there may never be an inducement for the recipient to finish the case. I can also negotiate for permanent spousal maintenance during the divorce process.
How Child Support Awards Affect Spousal Support
In recent years, New York state revamped its law on the subject of spousal maintenance. There are two formulas for “temporary” spousal maintenance, depending on whether there is also a child support award. Where there is also a child support award, the statutory formula requires the court to award temporary spousal maintenance without a showing of need
During your free initial consultation, I am glad to fully explain the roles of age, health, earnings, education and other factors weighed by New York courts in determining an appropriate level of spousal maintenance.