Maintenance is the term used for alimony, or spousal support, in New York.
Whether or not a judge will order maintenance can be a complex decision,
hinging on numerous issues. Similarly, the type of maintenance and how
much of it is ordered will depend on a myriad of intersecting factors.
Maintenance can be short-term or long-term, and even then, there are further
distinctions. Here is a breakdown of the types of alimony available in a
In some cases, a spouse has the right to
temporary support, which means that the spouse with a higher income supports the other spouse
throughout the divorce process. This type of support ends when the divorce
does, and it can begin as soon as a couples separates.
Short-term support can be ordered in marriages that haves lasted a few years;
alimony would last a few years accordingly. In divorces where one spouse will
need to obtain certain education or training in order to get back into
the workforce, a judge might order
rehabilitative support, or "bridge the gap" support. This type of maintenance would
be effective until the receiving party gets a job in that field for which
they were training.
When a marriage has lasted more than ten years or so, a judge could order
permanent support if a spouse has been out of the workforce and will likely not be returning
to work. This type of
maintenance comes to an end when either former spouse passes away, or when the receiving
party remarries or cohabitates with someone they hold out as their spouse. Finally,
reimbursement support could be ordered in cases where a spouse gave up education or a better
job to take a mediocre job in order to support the other spouse as they
studied for a high-paying career. If the marriage ends before both spouses
see the benefit of that higher-paying job, then the spouse who sacrificed
the job they wanted could be reimbursed by the other.
Whether or not alimony will be ordered in your divorce, and how much would
be ordered, will rely entirely on your specific situation. Learn more
about the divorce process in New York and how a skilled Long Island divorce
attorney can help you when you
contact the Meyers Law Group, P.C. today.