In many divorces, one party is ordered to pay spousal maintenance (also known as alimony or spousal support) to the other. If you are facing a divorce and have questions about spousal maintenance, the attorneys at the The Law Firm of Poppe & Associates, PLLC, are able to offer advice and provide advocacy on your behalf. We have extensive experience handling spousal maintenance and other collateral divorce issues for clients in New York County, Kings County, Bronx County, Queens County, and Westchester County.
Alimony/Spousal Maintenance | New York City
In New York, there are two types of of spousal maintenance/alimony: Pendente Lite Maintenance and Durational Maintenance.
Pendente Lite Maintenance: Pendente Lite Maintenance (Temporary Maintenance) is paid during the pendency of the divorce up until a judgment of divorce.
Permanent Maintenance: Permanent maintenance is a type of durational maintenance where the term, or duration, is not necessarily a fixed period of time, but rather it’s terminated upon the happening of some event such as: the remarriage of the spouse who is receiving permanent maintenance or the death of the spouse who paying permanent maintenance
Rehabilitative Maintenance: Temporary alimony that is designed to offer the non monied spouse financial support while he or she re-transitions into the workforce.
Restitutional Maintenance: Temporary support that is intended to make up for one spouse supporting the other while he or she was obtaining education or job training.
In determining spousal maintenance, the courts take a number of factors into consideration, including:
- The length of the marriage
- The conduct of the spouses during the marriage
- The income and earning potential of each spouse
- The age and health of each spouse
- The assets and debts of each spouse
It is important to understand that Pendente lite maintenance (Temporary Maintenance) is determined by 13 factors while Durational or Permanent maintenance is determined by 15 factors. For more on these factors please see DRL 236(B).
Whether you are seeking maintenance or your ex-spouse is seeking it from you, it is important to consult with an experienced spousal maintenance attorney. Our lawyers are experienced in these matters and can protect your rights and interests.
Contact us today online or by telephone at 212-792-9501 to arrange a free initial consultation with a New York City attorney experienced in division of property.
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“After having retained an attorney in my divorce and child support matters, I was extremely disappointed. There was no communication between myself and my former attorney. By chance, I was recommended to Mia Poppe’s office. I walked into the Law Firm of Poppe & Associates, PLLC to make an appointment and immediately knew I made the right decision when Jill and Angie took time to talk to me prior to scheduling a consultation. Mia and her staff got to work immediately and fought for me in ways that I couldn’t have even thought of. They communicated with me every step of the way. She told me all of my options and their likely outcomes. She stepped in right in the middle of things and was prepared to go to trial immediately if necessary to protect my rights. In the end, Mia got me a great settlement, she got me out of court, and most importantly, she made sure that I would always have a great relationship with my kids. Billing her clients is not her main priority because all she wants is what’s best for her clients. She knows what she’s doing. I wish I had known her from day 1. She and her firm really do deserve a medal.
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