Maintenance/Alimony

In New York State, alimony is called maintenance. The courts used to determine maintenance with the intention to allow the recipient spouse to maintain the pre-separation standard of living. More recently, the courts have been making maintenance awards based on the needs of the recipient spouse to become self-supporting. Maintenance awards are for a set amount, and for a specific term of time. The term of maintenance terminates upon remarriage of the recipient spouse. Maintenance differs from child support as there is no set statutory formula to calculate the amount of maintenance or the term of the award.

“The law in New York State for maintenance (alimony) and spousal support is not specific as to either gender; either party can ask for maintenance irregardless as to their gender.”

When the courts make a determination regarding a party’s entitlement to maintenance or spousal support the court will determine if the party is entitled, and if they are indeed entitled to maintenance, the court will make a secondary determination as to the term of maintenance and the amount to be paid.  Maintenance terminates by law once the term has expired, upon the remarriage of the party receiving the maintenance, the death of either party, or upon a successful application for modification of the obligation.

While maintenance determinations used to focus on maintaining the pre-separation standard of living, the award of maintenance has become more of a needs based program with awards being granted to allow the receiving party to become self supporting.

 “The courts try to fashion maintenance awards to allow the recipient spouse to become self supporting, provided the payor spouse has the requisite income”.

When making a determination regarding maintenance, the court analyzes the following factors:

(1) the income and property of the respective parties including marital property distributed pursuant to Domestic Relations Law;
(2) the duration of the marriage and the age and health of both parties;
(3) the present and future earning capacity of both parties;
(4) the ability of the party seeking maintenance to become self supporting and, if applicable, the period of time and training necessary therefore;
(5) reduced or lost lifetime earning capacity of the party seeking maintenance as a result of having foregone or delayed education, training, employment, or career opportunities during the marriage;
(6) the presence of children of the marriage in the respective homes of the parties;
(7) the tax consequences to each party;
(8) contributions and services of the party seeking maintenance as a spouse, parent, wage earner and homemaker, and to the career or career potential of the other party;
(9) the wasteful dissipation of marital property by either spouse;
(10) any transfer or encumbrance made in contemplation of a matrimonial action without fair consideration;
(11) any other factor which the court expressly find just and proper.

“A successful application for maintenance will require the necessary proof of the relevant statutory factors; competent legal representation by a knowledgeable divorce attorney critical to the application.”

Modification or Termination of Maintenance

A party can request of the court that a maintenance award be modified, with either an upward or downward modification, or for an order terminating the award of maintenance.  The standard to have such a modification or termination is very strict; a party must show a substantial change in circumstances, and possibly a showing of extreme hardship.  For such an application to succeed, a skilled divorce attorney will need to properly draft the application, marshal the relevant evidence, and present the same in a coherent and admissible form to the court.

“Requests for the court to modify or terminate maintenance awards are not easy to win; your divorce attorneys will need to marshal substantial proof and present the same to the court in an admissible form for the application to have any chance of success.”

If you are interested in making an application for maintenance (alimony) or spousal support, or modification of maintenance, or if you have received a summons to appear in court, you should immediately consult with experienced divorce lawyers to ascertain your obligations and protect your rights. The divorce attorneys at the Law Offices of Paul A. Boronow, PC are fully versed in matrimonial and family law, have matrimonial and family law actions pending across Long Island in Nassau County, Suffolk County and Queens County, and are available to assist you in protecting your rights.

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