In New York State, alimony (support of one spouse by the other spouse) is called maintenance and/or spousal support.  A party does not need to commence a divorce action to receive maintenance.  If a divorce action is pending, either party can make an application for temporary or permanent maintenance.  If a divorce action is not pending, either party can make an application for spousal support.

In determining whether a party is entitled to maintenance or spousal support the court makes an initial determination regarding entitlement, and if the party is entitled, the court the makes a determination as to the amount of maintenance and the term of maintenance (how long the payor spouse will have to pay maintenance).   Maintenance terminates upon the term ending, the re-marriage of the recipient spouse, or upon application to the court upon sufficient grounds, as set forth below.

When the court makes the initial determination regarding entitlement to maintenance, the court looks at the needs of the recipient spouse and the income and ability of the payor spouse to pay the award.  The standard for maintenance used to focus much more succinctly on maintaining the pre-separation standard of living; now it is much more a needs-based program and it the amount and term are usually set to allow the recipient spouse to become self-supporting.

Maintenance is different from child support because there is no set statutory formula for the court to follow to calculate the amount of maintenance or the term of the award. When making a determination regarding maintenance, the court utilizes the following statutory factors:

1. The income and property of the respective parties including marital property distributed pursuant to Domestic Relations Law;
   
   
2. The duration of the marriage and the age and health of both parties;
   
   
3. The present and future earning capacity of both parties;
   
   
4. The ability of the party seeking maintenance to become self supporting and, if applicable, the period of time and training necessary therefor;
   
   
5. 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;
   
   
6. The presence of children of the marriage in the respective homes of the parties;
   
   
7. Tax consequences to each party;
   
   
8. 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;
   
   
9. Wasteful dissipation of marital property by either spouse;
   
   
10. Any transfer or encumbrance made in contemplation of a matrimonial action without fair consideration;
    
    
11. Any other factor which the court expressly find just and proper.

“An application for maintenance requires competent proof of the statutory factors; strong legal representation by knowledgeable counsel is indispensable.”

Modification or Termination of Maintenance Awards

Either party can make an application to receive an upward or downward modification of maintenance or terminate the maintenance obligation.  As set forth above, remarriage of the recipient spouse is grounds for termination of the maintenance obligation.  To modify a maintenance award by either increasing or decreasing the amount due the moving party must make a showing of the recipient’s inability to be self-supporting or a substantial change in circumstances, and possibly a showing of extreme hardship.  The standard is very difficult to satisfy and a strong application drafted and proven by competent counsel is critically important.

“Applications for modification of maintenance are very difficult to win and require substantial proof and legal skill to satisfy the heavy burden imposed by the courts.”

If you are contemplating making an application for maintenance, alimony or spousal support, or if you have received a letter from an attorney or a summons for maintenance, alimony or spousal support, you should consult with experienced matrimonial attorneys without delay so you can determine and protect your legal rights.

The lawyers at the Law Offices of Paul A. Boronow, P.C. have been prosecuting and defending maintenance, alimony and spousal support claims across Long Island and New York City in Nassau, Suffolk and Queens Counties for over twelve years with positive results.  We are aggressive and dedicated and remain a mere phone call away.

CALL TODAY FOR A FREE CONSULTATION