Diefenbach Law Firm PLLC

Temporary Maintenance in the New York Courts

Temporary maintenance is a type of provision pending litigation that is legally enforced and paid to one spouse by the other spouse as means of support. The granting of maintenance only takes place if there is the existence of a marriage. In New York courts, a new law for temporary maintenance was established as of October 12, 2010 in which a mathematical formula is used to decide alimony awards, and it involves solely the incomes of the two spouses. Prior to these guidelines, the court would consider factors such as age, length of marriage, health, earning capacity and present income of each party to decide temporary alimony.

Temporary maintenance is, therefore, a provision paid by the higher income spouse to the lower income one while the divorce is still unsettled. New York courts apply two formulas to decide temporary maintenance, the first formula is given by 20% of the lower income spouse subtracted from 30% of the higher income spouse, and the second formula is given by subtracting 100% of the lower income spouse from 40% of the combined income of the spouses. The formula that yields the lowest results will be used to decide the temporary maintenance that the higher income spouse will owe to the lower income spouse. (If you want to have an idea of how New York courts would decide your temporary maintenance you can access http://www.nycourts.gov/divorce/calculator.pdf )

The courts may diverge from the formulas approach in case it feels that the results will be unfair or disproportionate. In such cases, the court will consider aspects such as the living standards that the parties established during the marriage, the earning capacity of each party, the age and health of each parties and other factors that appear on the statute of Domestic Relations Law. Temporary maintenance will allow the party that is receiving to preserve his or her living standards while readjusting to an unmarried life. However, once the divorce is finalized, the right to implement an allowance of temporary maintenance is terminated and permanent maintenance may be enforced in its place.

In case a spouse who is going through a divorce feels that he or she needs legal assistance to resolve temporary maintenance issues, please feel free to call Gordon Price Diefenbach, an attorney in Manhattan, to discuss your case. The 24-Hour Hotline is (917) 734-7111. He will either speak to you at the moment of your call or will return your call within a matter of hours.

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