An Overview of Spousal Maintenance in New York

Who Can Get Alimony in New York?

Alimony is payment made from one spouse to another during and/or after a divorce.  The purpose of alimony is to help the spouse get on their feet following a divorce.  Known as maintenance in New York, alimony can help ensures that a spouse continues to live a similar lifestyle as they did during the marriage.  Maintenance can also help a spouse become self-sufficient after a divorce.  The spouse who is eligible to receive alimony can be based on the facts of the marriage, such as who provided the majority of financial support during the marriage.

Are There Different Types of Alimony?

Yes. There are two different types of alimony in New York:

Pendente Lite.  This type of maintenance is temporary.  This is paid while the divorce case is pending.  The purpose of this support is to provide the spouse with immediate financial assistance.  It takes into consideration his or her immediate needs and the pre-divorce standard of living.  Pendente Lite maintenance typically ends when a divorce order is entered by a judge.

Post-divorce maintenance.  Post-divorce maintenance is awarded to a spouse at the end of a divorce.  This type of support is durational or non-duration.  Durational support is for a fixed period of time and may end after several years.  Conversely, non-durational alimony is called lifetime maintenance.  This kind of support may be rare but it is occasionally awarded to spouses who may be elderly, unlikely to find unemployment, or if the spouse has an illness.  However, if the other spouse marries or is co-habitants with another person it may be also be a reason for the post-divorce maintenance to end.

If you are considering divorce, it’s important that you understand your rights.  Spouses can be entitled to certain things from a marriage.  Enlisting the help of an experienced divorce attorney can help you make sure you are fairly treated in the divorce.

If you require experienced legal representation for any of your divorce and family law matters, contact the Law Offices of Mark S. Paige, P.C. today to schedule a consultation.