Divorces are such complex legal proceedings that people tend to overlook details that could threaten their financial security. One factor that you should consider before even discussing divorce with your spouse is alimony, which is called “maintenance” in New York.
If you are getting divorced in New York, then it is important that you understand the different types of maintenance and whether they apply to your case. Staten Island divorce attorney Elliot Green can evaluate your situation and provide guidance to protect your financial interests.
Mr. Green can also answer your questions related to child custody, prenuptial and postnuptial agreements, and domestic abuse. To schedule a consultation, call the Elliot Green Law Offices today at 718-260-8668.
In the meantime, read on to learn about maintenance in New York:
What Is Maintenance?
According to MacMillan, maintenance is a payment that one spouse makes to another either during or after a divorce. The payment ensures that a supported spouse can continue to live a similar lifestyle as he or she did during the marriage. Maintenance may also help supported spouses gain new skills or become self-sufficient following the divorce.
Types of Maintenance in New York
There are two types of maintenance in the state of New York:
Post-Divorce Maintenance
A judge may award post-divorce maintenance to a supported spouse following the divorce. There are several circumstances when the maintenance will end, including if either spouse dies or if the supported spouse remarries.
Temporary Maintenance
According to New York Courts, a judge may order that a spouse pays temporary maintenance to the other spouse while the case is pending. This will give the spouse immediate financial support until the judge makes a final order.
Maintenance Termination
A judge may make two types of maintenance orders that will influence how long the maintenance last. These are non-durational and durational maintenance.
If the judge awards non-durational maintenance, then the payment will last for the remainder of the supported spouse’s life. This is not a common form of maintenance, but a judge may award it in the event of an illness or if it is unlikely that the supported spouse will find suitable employment.
Durational maintenance lasts for a predetermined amount of time. The idea behind this form of maintenance is that the supported spouse will eventually become self-supporting and no longer will need the maintenance payments.
If you are divorcing and believe that maintenance may be part of the arrangement, then you probably have several questions. For example, “What if my ex-spouse refuses to get married simply because she wants to continue collecting maintenance?”
Elliot Green is a family lawyer with a comprehensive understanding of New York divorce laws. He can represent your interests and help you avoid mistakes that could compromise your finances. If you are located in Queens or Staten Island and would like to schedule a consultation with Mr. Green, call our office today at 718-260-8668.
