Determining Maintenance in New York
There are several types of maintenance arrangements you can make in a New York divorce. The Court will likely award either temporary or permanent maintenance, depending on the circumstances of your case.
Here’s a quick overview of each of these types of arrangements.
- Temporary maintenance: This type of maintenance is paid out to a spouse only during the divorce process, and ends when the final divorce decree has been issued or typically, after a stipulation of settlement is executed. Usually this maintenance carries the couple up until a final post divorce maintenance award can be issued. A judge has some discretion when deciding temporary support amounts, but must use a calculator to help reach their decision. The judge will often deviate from the support calculator if the payor spouse is paying other expenses such as a mortgage and other expenses for the payee spouse.
- Post divorce maintenance: Post divorce maintenance are payments from one spouse to another. Maintenance is not necessarily permanent in how long it lasts. The length and amount of relief will be calculated based on the length of the marriage for which a calculation is performed. The arrangement may end if the recipient spouse remarries or other delineated events should occur.
For more information about the types of alimony arrangements in New York, contact an experienced divorce attorney at Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP.