Alimony, spousal support and spousal maintenance are all legal terms used to describe money paid by one spouse to the other, during or after divorce, for the purpose of financial support. Courts decide whether the maintenance will be temporary, durational (for a specific amount of time) or non-durational (permanent, lasting a lifetime). By working with a competent lawyer, like Chris Palermo, you can make wise and informed decisions about whether to seek spousal maintenance or whether to oppose spousal maintenance being sought. An experienced divorce attorney can help evaluate whether spousal maintenance is reasonable, help you work out the details and also protect your rights.
Not all divorce cases involve spousal maintenance, and in fact, many divorces today do not address it as an issue. However, when a party does seek spousal maintenance, the courts evaluate the following factors:
In determining maintenance, the court evaluates the couple’s standard of living prior to divorce, the supported spouse’s ability to become self-supportive and the other spouse’s ability to provide support. Most courts today award durational spousal maintenance, which makes non-durational support the exception rather than the rule. Courts award temporary (called pendente lite) spousal maintenance while a divorce case is pending. The temporary order automatically ceases when the court decides on the spousal maintenance being sought as part of the final divorce judgment.
As an experienced Long Island divorce lawyer, I can provide you with effective legal guidance to weigh the important aspects of spousal maintenance and help you obtain your legal objectives.