Previously known as alimony, support given by one spouse to the other, is now called maintenance in New York. It is really supposed to be rehabilitative in nature to allow the supported spouse to become self-sufficient. Helfand & Associates can help you resolve the maintenance issue in your New York City divorce case.
Effective October 2010, there are now 20 factors the Court considers when awarding maintenance. These factors are:
1) Income and property of the respective parties, including marital property distributed as a result of the action; 2) Length of the marriage; 3) Age and health of both parties; 4) Present and future earning capacity of both parties; 5) Need of one party to incur education or training expenses; 6) Existence and duration of a pre-marital joint household or a pre-divorce separate household; 7) Acts by one party against another that have inhibited or continue to inhibit a party’s earning capacity or ability to obtain meaningful employment; 8) Ability of the party seeking maintenance to become self-supporting and, if applicable, the period of time and training necessary therefore; 9) Reduced or lost lifetime earning capacity of the party seeking maintenance as a result of having foregone or delayed education, training, employment, or career opportunities during the marriage; 10) Presence of children of the marriage in the respective home of the parties; 11) Care of the children or step-children, disabled adult children or step-children, elderly parents or in-laws that has inhibited or continues to inhibit a party’s earning capacity; 12) Inability of one party to obtain meaningful employment due to age or absence from the workforce; 13) Need to pay for exceptional additional expenses for the child/children, including but not limited to, schooling, day care and medical treatment; 14) Tax consequences to each party; 15) Equitable distribution of marital property; 16) Contributions and services of the party seeking maintenance as a spouse, parent, wage earner and homemaker, and to the career or career potential of the other party; 17) Wasteful dissipation of marital property by either spouse; 18) Transfer or encumbrance made in contemplation of a matrimonial action without fair consideration; 19) Loss of health insurance benefits upon dissolution of the marriage, and the availability and cost of medical insurance for the parties; and 20) Any other factor which the Court shall expressly find to be just and proper.
Prior to EDL, there was a statutory prohibition against alimony or support to a spouse who engaged in marital misconduct. Now, this is not the case, and it can even be awarded where there is misconduct.
Maintenance ends on the death of either party or remarriage of the recipient. However, it is extremely important to put cohabitation factors in an agreement otherwise this serious change in circumstance may not be considered if it occurs.
At Helfand & Associates, we review and consider all of your facts, circumstances and concerns and help to guide you to have the best agreement or outcome in Court possible for your case in New York City.