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The Different Types of Maintenance

The Different Types of Maintenance

Posted By Meyers Law Group || 11-Nov-2011

Spousal support is sometimes referred to as maintenance. Maintenance can be awarded either permanently or for a specified period of time. The latter is known as durational maintenance and is the more common form of spousal support, particularly in medium-to-short length marriages.

Permanent maintenance is most likely to be awarded when the couple has been married for a substantial length of time, usually over 10 years, and one spouse is substantially better off financially than the other. Permanent maintenance might also be awarded if one spouse is in much better health than the other and the health issues prevent one spouse from earning their own income.

Another factor that is always considered when determining what type of maintenance should be awarded is the standard of living during the marriage. If, for example, one spouse is an executive at a major company and the other has given up their career to stay at home or support the couple's children, the stay-at-home spouse may have a chance of being awarded permanent maintenance. If this is the case in a short term marriage, however, the stay-at-home spouse will most likely be awarded rehabilitative maintenance so that they can gain the education and experience they need to support themselves.

Should you plan on seeking maintenance, it is important that you discuss your situation with a Long Island family lawyer who is well-versed in New York alimony laws. To get advice, contact a Long Island maintenance attorney from our team now.