Considered to be one of the most dreaded parts of divorce proceedings, the determination of spousal maintenance, formerly known as alimony, has been long debated by spouses and matrimonial attorneys alike. The overall purpose of spousal maintenance is to give the less monied spouse economic independence until the spouse can become self-supporting.

On June 24, 2015, New York State Senate passed exhaustive revisions to alimony laws, which alter how payments are determined and eradicate an unpopular requirement that judges calculate the lifetime value of a license or professional degree earned during the marriage. As a result of these measures, the court will not take into consideration the value of a spouse’s enhanced earning capacity arising from a license, degree, or career enhancement. Instead, judges decide spousal maintenance awards based on a broad set of criteria that may differ from one case to the next, such as age and physical condition of the non-wage-earning or low-wage-earning ex-spouse.

Temporary Maintenance

Temporary Maintenance is support to be paid by the monied spouse to the less/non monied spouse while the divorce action is pending.  Until the final order of support is issued, the less monied spouse may be receiving temporary spousal maintenance.  Because relatively recent changes to the statute were enacted, there are now important differences between temporary maintenance and post-divorce maintenance.

The Legislature has provided a formula to determine the length of time temporary maintenance must be paid for to the non-monied or less monied spouse as well as the presumptively correct amount to be paid.  The Court must then determine whether additional maintenance is necessary or to deviate from the presumptively correct amount of presumptive maintenance based on various facts of the case.

Generally, a party will be entitled to receive maintenance (temporary and post-divorce) for about 1/3 to half of the length of the marriage.

Furthermore, one might be able to modify a maintenance award based upon various factors, such:

• the payee’s inability to be self-supporting,
• termination of child support,
• a substantial change in circumstances, or
• financial hardship upon payor.

Post- Divorce Maintenance

While there is a formula for estimating temporary maintenance, there is no formula for calculating post-divorce maintenance. It seems that courts have been reluctant to use the presumptive amount of temporary maintenance as the amount for post-divorce maintenance, even though courts do use it at times.

Unless the parties can agree on an amount and duration of spousal maintenance, the amount of post-divorce maintenance to be paid to the less monied spouse will mostly depend on what the court finds to be reasonable, based on the standard of living the couple upheld during their marriage and the ability of the monied spouse to pay, as well as other factors.

It is imperative to have a knowledgeable attorney to assist with your case. Contact Law Offices of Inna Vernikov, PLLC at (212) 729-3497 and let our NYC and Brooklyn alimony attorneys provide you with the best knowledgeable legal representation that you need.