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Maintenance – Alimony

Economic Issues That Surround The Termination Of Marriage

Temporary Maintenance

Since it may take years for a divorce to be finalized, often one party may need an award of maintenance well in advance of the trial to carry him or her while the divorce is ongoing. These awards pending the trial are known as pendente lite awards.While the divorce action is still pending in court either spouse can petition the court to have the other suppose pay Temporary Maintenance, while the case precedes this is to maintain the status quo.

The temporary maintenance may be awarded to a spouse early on in the divorce action. The purpose is to give the supported spouse money to cover living expenses and keep the marital standard of living in place while the court is making a decision on a final award of maintenance.

But keep in mind, just because you or your spouse is awarded temporary support doesn’t mean that you’re automatically entitled to long-term alimony after the divorce is over. Judge may take into consideration some on the following prior to deciding on the amount of temporary maintenance.

Permanent Maintenance – Alimony:

Unless the court finds that the post-divorce maintenance guideline obligation is unjust or inappropriate, which finding shall be based upon consideration of any one or more of the following factors, and adjusts the post-divorce maintenance guideline obligation accordingly based upon such consideration:

  1. The age and health of the parties
  2. The present or future earning capacity of the parties, including a history of limited participation in the workforce.
  3. The need of one party to incur education or training expenses.
  4. The termination of a child support award before the termination of the maintenance award when the calculation of maintenance was based upon child support being awarded which resulted in a maintenance award lower than it would have been had child support not been awarded.
  5. The wasteful dissipation of marital property, including transfers or encumbrances made in contemplation of a matrimonial action without fair consideration.
  6. The existence and duration of a pre-marital joint household or a pre-divorce separate household.
  7. Acts by one party against another that have inhibited or continue to inhibit a party’s earning capacity or ability to obtain meaningful employment. Such acts include but are not limited to acts of domestic violence as provided in section four hundred fifty-nine-a of the social services law.
  8. The availability and cost of medical insurance for the parties.
  9. The care of children or stepchildren, disabled adult children or stepchildren, elderly parents or in-laws provided during the marriage that inhibits a party’s earning capacity.
  10. The tax consequences to each party.
  11. The standard of living of the parties established during the marriage.
  12. The reduced or lost earning capacity of the payee as a result of having forgone or delayed education, training, employment or career opportunities during the marriage.
  13. The equitable distribution of marital property and the income or imputed income on the assets so distributed.
  14. The contributions and services of the payee as a spouse, parent, wage earner and homemaker and to the career or career potential of the other party.
  15. Any other factor which the court shall expressly find to be just and proper.

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