Maintenance
Long Island Spousal Maintenance Attorney
By J. Douglas Barics
New York began using the term maintenance in 1980, prior to that it was called alimony. The terms are interchangeable, and alimony is still used today most notably by the IRS.
Maintenance is the payment of money from a spouse or former spouse, periodically, based upon an order or written agreement.
The original purpose of alimony no longer exists. It was available only to women at a time when the economic prospects for women were bleak and there was no such thing as marital property.
Today, maintenance is gender neutral and is normally used to rehabilitate a spouse who has been out of the workforce due to the marriage. Lifetime maintenance is rare but it still can be awarded if circumstances dictate.
As of 2016, New York abandoned the discretionary system of calculating maintenance and started using a formula.
Maintenance is still an important aspect of any divorce and often the most contested.
At the Law Office of J. Douglas Barics, we have extensive experience in matrimonial law and awards of maintenance.
Do you need representation in a divorce that includes a determination of spousal maintenance?
Contact us online or at (631) 864-2600.
Spousal Maintenance in New York
What you need to know about maintenance
What is Alimony?
Alimony is defined by the Internal Revenue Service as a payment of money from one spouse or former spouse to another pursuant to a court order or written agreement. Voluntary payments are not considered alimony, nor are non money payments. Traditionally alimony was a deduction for the payor and was reported as income by the recipient, but as of 2018 that rule was abolished.
What is Maintenance?
Maintenance is the term New York uses to describe alimony. The term came into existence in July 1980 when the Domestic Relations Law was amended to include equitable distribution. Part A of the Domestic Relations Law 236 retained the use of alimony to distinguish it from cases decided under Part B of DRL 236, where equitable distribution was available.
Who is Eligible for Maintenance?
Maintenance is available to either spouse and is gender neutral. Up until 1979 alimony was only available to wives, and its award was dependent on marital fault.
How is the Amount of Maintenance Determined?
The amount of maintenance is determined by a mathematical formula. It is based on the income of both parties and depends if child support is paid or not. Two calculations are used and the lower of the two results is the guideline amount of maintenance.
How Long is a Maintenance Award?
The length of time of a maintenance award is at the court's discretion. However, there is a non binding advisory schedule for the duration of maintenance.
What is Pendente Lite Maintenance?
Pendente lite maintenance is temporary maintenance awarded while the divorce is ongoing. The court has discretion if it counts towards the final award of maintenance based upon the financial circumstances of the parties.
Can Maintenance be Modified?
Maintenance can be modified. The standard will depend if there is an agreement or not. When there is an agreement, maintenance may be modified upon a showing of extreme hardship. If maintenance was set by the court, one of the following four circumstances must be established.
- The payee's inability to be self sufficient
- A substantial change in circumstances
- Financial Hardship
- Partial or full retirement of the payor if it results in a substantial change of financial circumstances
Contact Our Spousal Support Attorney Today
At the Law Office of J. Douglas Barics, we have the skills and knowledge to handle any divorce involving maintenance, no matter how challenging or complex. With over 20 years of experience, we can bring to you the services of a large firm at a fraction of the cost. When you need a skilled matrimonial lawyer located in Suffolk County, call The Law Office of J. Douglas Barics.
For a free phone case consultation or to schedule an office meeting, call 631-864-2600.