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Maintenance & Spousal Support

In New York spousal support, or maintenance, is defined as the payment of money from one spouse to another under a court order or written agreement for living expenses.  The goal of maintenance is to provide support while the recipient spouse gains the necessary skills and employment to be self-sufficient.  Our experienced attorneys at Barrocas, Mintz, Misuraca and Record: Family Law & Mediation will help you understand your rights and guide you on how spousal support may be awarded given your situation.


How is Maintenance/Spousal Support Determined?

Effective January 25, 2016 new legislation establishes guidelines for both temporary maintenance and post-divorce maintenance in determining the amount and duration. Use this tool to calculate maintenance.

There are other factors that are considered when determining support, such as

  • each spouse’s age and health status
  • each spouse’s present and future earning capacity
  • the need of one spouse to incur education or training expenses
  • the termination of child support
  • the wasteful dissipation of marital property
  • the existence or duration of a pre-marital joint household or a pre-divorce separate household
  • acts by one party against amount that inhibit a party’s earnings
  • the availability and cost of medical insurance for the parties
  • the care of children or stepchildren, disabled children, elderly parents
  • the tax consequences to each party
  • the standard of living
  • the reduced or lost earning capacity
  • the equitable distribution of marital property
  • the contributions and services of payee
  • any other factor the court finds just and proper

It’s important to note that, although there is a formula for determining support, the courts may and often do deviate from it, depending on the specifics of the case.


What is Temporary Maintenance?

Temporary maintenance is an order that one spouse must financially support the other while the divorce proceeding is pending. Like post-divorce maintenance awards, there is a specific formula used to calculate temporary maintenance. Temporary maintenance terminates upon the resolution of the case and is replaced with the final order of maintenance. Use this tool to calculate temporary maintenance.

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