It’s not unusual for one spouse to have a greater income than the other, which can make divorce more difficult for the lesser-earning spouse. Alimony, or maintenance as it’s called in New York, is designed to protect financially dependent spouses from economic hardship, and to help them achieve economic independence. Depending on your unique circumstances, your divorce attorney may request Temporary Maintenance until the marriage is dissolved, and then Post-Divorce Maintenance following the divorce.

A Brief Guide to Spousal Maintenance

Types of Temporary Maintenance

Many spousal support orders are temporary. When the divorce is finalized, payments end. These payments are intended to help the lesser-earning spouse pay living expenses while the divorce is pending. It is based upon a formula.                                                

Post-Divorce Maintenance

In many cases, courts order Post-Divorce Maintenance. This provides support while the lower-earning spouse completes a college degree or job training program, and helps them to achieve economic independence.

If the spouse receiving maintenance is unlikely to re-enter the workforce due to age or illness,  the Court may order a longer term of maintenance, usually up to the time that spouse can receive social security, and sometimes even longer, to the point of permanency. This is often seen in long term marriages where the payee spouse was out of the workforce due to child rearing, etc., and lacks job skills. It is also seen where the payee spouse is unable to work due to disability or illness. These arrangements usually last until either party passes away, the recipient remarries, or the payor suffers a serious financial decline, although such a decline must be extreme.

How Alimony Is Calculated

In New York, courts use a complex formula to determine amounts for Temporary and Post-Divorce Maintenance. For Post-Divorce Maintenance, there are guidelines for duration, based upon the length of the marriage. These are guidelines and can be deviated from, based upon a variety of statutory factors, including but not limited to age, health, and the foregoing of education or training. Because there are so many variables that can affect a Court’s decision, the expertise of a skilled divorce attorney familiar with the law is necessary.

For nearly 40 years, Thomas A. Corletta, Attorney & Counselor at Law has been Rochester, NY’s law firm of choice, offering aggressive representation and sound legal advice to those needing it most. If your marriage is ending, you can count on this skilled divorce attorney to protect your rights through every step of the process. Visit his website for more on his family law services, get legal tips and insights on Twitter, or call (585) 546-5072 now to schedule your initial consultation.