In a divorce, one spouse may request maintenance from the other spouse. In determining whether a spouse should be awarded maintenance, the court considers several factors, including: the income and property of both parties; the duration of the marriage; the age and health of both parties; the ability of the spouse seeking maintenance to become self-supporting; which spouse has custody of the children; and whether one spouse contributed to the other spouse’s career or education.
There are four different types of spousal support:
- temporary support, also known as pendente lite, granted during the pendency of the divorce to cover the necessary expenses,
- restitutional support, compensating the spouse for school and other expenses occurred during the marriage,
- rehabilitive support may be awarded to a spouse so she/he could gain the necessary skills to be able get back to workforce,
- permanent support, usually provided to a party who is older and in poorer health. It lasts until one party dies or the other remarries.
If you have any questions regarding the spousal maintenance, please contact our office.
(646) 737-8870