Alimony, or spousal maintenance as it’s known in some states, is an often-misunderstood facet of divorce law intended to provide a spouse with the resources necessary to begin rebuilding their life. While courts may not always include maintenance in the divorce decree, or might strictly limit the duration of the payments, it’s still an important element to consider in your settlement negotiations. Below are a few key elements that divorcing couples should understand about maintenance payments.

A Brief Guide to Maintenance

Amounts Are Based on Relative Income

Courts are most likely to order maintenance if one spouse earns significantly less than the other, or has fewer marketable skills. If both parties to the divorce earn a similar income, the court will probably not order either to pay maintenance after the dissolution is finalized. The court will also take into consideration each individual’s contribution to the family, including any support provided while the higher wage-earner established their career.

Judges Have Considerable Discretion

Divorce law in most states allows family courts to weigh a variety of factors when making maintenance determinations. In addition to the relative income difference between the parties, the court may consider the likely financial future of each spouse, their share of the marital assets received in their divorce, and the duration of the marriage.

The Length of the Marriage & the Duration of Maintenance

The longer the marriage lasted, the more likely courts will be to award maintenance in a divorce. New York divorce law provides formulas for determining the duration of maintenance payments, although courts may deviate from this guideline in certain circumstances. Maintenance awards may also cease if either spouse remarries, dies, or has had an opportunity to become financially independent.

With over 25 years of experience and in-depth divorce law expertise, the attorneys at Brown, Burgoon, & Hartnagel, P.C. have protected the rights of clients throughout Rockland and Orange Counties, NY. Their attorneys understand how stressful and difficult this experience can be, and are committed to providing the compassionate, effective representation you deserve. Visit their website for a comprehensive list of their divorce law services, or call (845) 624-1966 to schedule a consultation today.