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Maintenance

Maintenance

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.

    Our Offices
    • Whippany Office
      575 Route 10 East
      Suite 1
      Whippany, New Jersey 07981
      Phone: 973-428-0800
      Fax: 973-428-0830
    • New York Office
      420 Lexington Ave.
      New York, New York 10170
      Phone: 646-213-9053
    Testimonials
    • "Without Tanya and her time, the really unpleasant experience of getting divorced would have been even worse. They were able to settle the matter very quickly and helped me fit this into my tight schedule allowing me to leave to move abroad for my dissertation research on time without having to delay the trip because of the divorce. They also did all of it within my very tight budget. Thank you so much for your help and dedication to my legal matter!"  - AG

    • "Tanya and her Associates are outstanding! What I admire most about Tanya is her knowledge of the law with her keen negotiation skills to foster mediation. Her strategies efficiently resolve conflict leading to the resolution of cases. She and her team have an outstanding work ethic, know what data are needed, and get the job done. It is a pleasure to work with such wonderful professionals."  - Tara, Whippany

    • "I found Ms. Helfand's knowledge and tenacity most reassuring during the ordeal of my divorce. She was steadfast in her guidance and was very effective in her negotiations on my behalf. I would recommend her without a second thought."  -Jonathan

    • "Ms. Helfand was very professional and helpful with our bankruptcy case. Her advice was very useful and helped us make the proper decisions for our situation. In addition, she was very supportive during a very difficult time for us. Finally, she set very specific fee expectations and there were no surprises when it was completed. I would use her services again and would recommend her, without question."

    • "She is Incredible, very quick responding to the other party. Very professional and courteous. I highly recommend her. She has a great passion and love for every single case."

    • "Tanya and her team were very professional handling my divorce proceedings. She was very proactive in making the other attorney finally get the process moving forward. I would recommend her to anyone looking for legal services."  -Scott

    • "Ms. Helfand strategized & processed, both, my Divorce & Chapter 13 Bankruptcy. As both cases were emotionally and legally challenging, Ms. Helfand proved to be an empowering Mentor along the path to clarity for which I am truly grateful.I highly recommend her legal expertise to anyone who is seeking a confident, savvy & caring attorney to become at peace with self and any legal matters."  -Vas

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