Rochester, New York, Divorce and Family Law Lawyer

Law Office of Alexander Korotkin, Esq.

Spousal Maintenance

What Is Spousal Maintenance?

New York law authorizes spousal maintenance payments during and after divorces under appropriate circumstances. When a husband or wife earns most or all of a family’s income, a breakup could trigger serious financial problems for their partner. Spouses can agree to a certain amount of support and duration for this support, or one spouse may petition the court to award spousal support. During this process, it is important to have a knowledgeable and skilled lawyer like Alexander Korotkin, Esq., in Rochester.

I am familiar with New York’s laws pertaining to spousal maintenance and rely on my extensive experience as a divorce litigator.

What Are Different Types of Maintenance?

In New York, there are two types of maintenance. The first type is called alimony pendente lite or “temporary maintenance.” These payments are ordered to last through the duration of the divorce case so that a party who relied on their spouse’s income can meet their needs until the marriage is dissolved and a decision is made on spousal support going forward.

The other type is post-divorce maintenance, which is awarded to provide financial support after the divorce case is finalized. Parties can agree on maintenance terms or argue their case before the court. Each case is unique, but many awards are durational, meaning that payments are only ordered for a certain period in order to give the recipient time to establish or re-establish their income-earning ability. Should a spouse lack the capacity to be self-supporting, due to a disability, a long period not working outside the home, or some other reason, nondurational maintenance might be granted that would only terminate upon remarriage of the recipient or the death of either party. My firm will assess the circumstances in your case and give you the analysis you need to make informed choices.

Factors Used In Maintenance Decisions

New York’s temporary maintenance calculator sets a rate based on the income that each spouse earns. As post-divorce maintenance lasts longer than temporary maintenance, and the court determines its amount and duration on the basis of any factors that the court believes is relevant, including:

  • The age and health of the spouses
  • The present or future earning capacity of the parties
  • Whether one spouse requires education or training to become self-sufficient
  • Whether one spouse wasted marital assets
  • The medical insurance of each spouse
  • Whether one spouse’s misconduct limited their partner’s earning capacity or ability to obtain employment
  • Whether a spouse needs to provide for children, stepchildren, disabled children or elderly parents
  • The spouses’ standard of living
  • The contributions each spouse made to the marriage
  • Domestic violence in the marriage

My familiarity with these and other potentially relevant factors allows me to develop a comprehensive strategy and press for a fair spousal maintenance resolution whether at the negotiation table or in court.

Schedule a free spousal support consultation with Rochester, New York, divorce attorney, Alexander Korotkin, Esq. by contacting us at:

Telephone (585) 662-4180
Fax (585) 502-1481