Awarding Temporary Or Permanent Spousal Maintenance

In New York, temporary maintenance occurs after the divorce action commences. After your attorney files a motion, you may be awarded temporary maintenance. However, this does not necessarily mean you will be awarded maintenance after the divorce is final. A final maintenance award can only be determined at the conclusion of a divorce, and is based on several factors, including income and duration of marriage.

For over two decades, The Law Office of Patricia T. Bisesto, Esq., has assisted clients throughout our state in all family law matters, including determining spousal maintenance. We'll fight to put you in the best position with regards to spousal maintenance, working to preserve your financial interests throughout the process.

Placing You In A Financially Sound Position

Maintenance is determined regardless of the gender of the spouse, and based on the following factors:

  • The income and property of the spouses
  • The duration of the marriage
  • The age and health of the spouses
  • The present and future earning capacities of each spouse
  • The ability to become self-supporting
  • Whether forgoing or delaying training or employment during the marriage caused a reduced earning capacity
  • Who maintains custody of the children
  • The tax consequences
  • Other contributions and services of the spouse seeking maintenance
  • Wasteful dissipation of marital assets
  • Other factor the court determines as being relevant

No matter the circumstances of the maintenance, it terminates upon the remarriage of the receiving spouse, or the death of the paying spouse.

There are many factors that go into considering the duration of maintenance, including, for example, retirement assets and other benefits.

Whatever the circumstances, a skilled lawyer can work to determine your financial goals and advocate for your rights during the divorce proceeding.

Contact Our Firm Today

To discuss your situation, call our White Plains office at 914-948-5946 or use our contact form to discuss your issue with an experienced lawyer.