Will Alimony (Spousal Maintenance Or Support) Be Part Of Your Divorce?
In many divorces, one party is ordered to pay spousal maintenance (also known as alimony or spousal support) to the other.
If you are facing a divorce and have questions about spousal maintenance, the attorney at The Law Firm of Poppe & Associates, PLLC, can offer advice and provide advocacy on your behalf. She has extensive experience handling spousal maintenance and other collateral divorce issues for clients in New York County, Kings County, Bronx County, Queens County and Westchester County.
Understand Types Of Alimony And Determining Factors
In New York, there are two types of spousal maintenance or alimony:
- Pendente lite maintenance
- Durational (permanent or temporary) maintenance
- Rehabilitative maintenance
- Restitutional maintenance
Pendente lite (temporary) maintenance is paid during the pendency of the divorce up until a judgment of a divorce.
Permanent maintenance is a type of durational maintenance where the term, or duration, is not necessarily for a fixed period of time, but rather, ends upon some event such as:
- The remarriage of the spouse who is receiving permanent maintenance
- The death of the spouse who paying permanent maintenance
Temporary durational maintenance may also be rehabilitative or restitutional in nature, as follows:
- Rehabilitative maintenance to offer the non-monied spouse financial support while he or she re-transitions into the workforce.
- Restitutional maintenance to make up for one spouse supporting the other who was obtaining education or job training.
In determining spousal maintenance, the courts take a number of factors into consideration, including:
- The length of the marriage
- The conduct of the spouses during the marriage
- The income and earning potential of each spouse
- The age and health of each spouse
- The assets and debts of each spouse
Pendente lite maintenance (temporary maintenance) is determined by 13 factors while durational or permanent maintenance is determined by 15 factors. For more on these factors please see DRL 236(B). For advice on ways to influence your case in your favor, consult with attorney Kamelia “Mia” Poppe.
Get The Answers And Direction That You Need
Whether you are seeking maintenance or your ex-spouse is seeking it from you, it is important to consult with an experienced spousal maintenance attorney. Mia is experienced in this area of family law and can protect your rights and interests.