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Spousal Maintenance

In a divorce or separation action, or in a Family Court support case, the less monied spouse may be entitled to an award of spousal maintenance or what used to be called "alimony" although maintenance and alimony are very different concepts.

While your divorce or separation case is pending, a request can be made to the court for what is called temporary or pendente lite maintenance and such awards are used by the court to maintain the status quo while the case is pending. By statute, the court is required to use a formula in determining this temporary amount of support but the court can look at 17 factors to determine whether the formula arrived at a result that is unjust or inappropriate. If it is determined that the result would not be fair, it can provide for an alternate amount and explain why it has not followed the formula.

There are changes expected to be made by the NY State legislature to the statute governing temporary maintenance - which we carefully monitor to make sure our clients are fully protected.

At the end of your case, if you and your spouse have not arrived at a settlement, the court will ultimately determine an amount for permanent maintenance. Permanent does not necessarily mean forever. The court will determine not only how much maintenance is to be paid, but for how long. Again the court uses a series of factors including but not limited to the ages of the parties, the length of the marriage, the health of the parties, the standard of living during the marriage and the contribution a spouse made to the career of the other.

Much is at stake and the court's decisions will impact the lives of both parties. We can assist you in understanding the law and in advocating for and obtaining the best result based upon your set of circumstances.

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Judd & Moss, P.C.
3505 Veterans Memorial Hwy, Suite S2
Ronkonkoma, NY 11779
Phone: 631-615-1758
Fax: 631-981-9004
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