Spousal Maintenance in New York State

Maintenance may be for a fixed period of time or for an indefinite period of time.Maintenance is more common for a fixed period of time when the marriage is of shorter duration, the parties are younger and the recipient can re-enter the work force and achieve independence.When a marriage is of longer duration and the parties are therefore older, achieving economic independence may be more difficult or non achievable and a non durational award may be given particularly where the payor is in a much better position economically.

This would more typically take place in marriages of twenty plus years duration, where thespouse is in the mid forties or older who never worked or has not worked in any significant capacity for a long time.

The law lists ten factors to consider when awarding maintenance (see Domestic Relations Law Section 236).Included in these factors is the age and health of the parties, their respective incomes and property, their present and future earnings capacities and the existence of non-emancipated children if any.The court also considers the pre-separation standard of living of the parties.