It’s common for a divorce or family lawyer to use the terms “maintenance” and “spousal support”. Each refers to support payments made to a spouse. The terms are often used interchangeably The following provides a brief overview under New York’s statutory scheme.. 

Maintenance

What is called “alimony” in other states has been called Maintenance in New York since 1980.

Temporary Maintenance is maintenance paid while a divorce action is pending. It is designed to maintain the status quo until a divorce is finalized. Since 2010, it has been calculated using a statutory formula.

Courts have always had broad discretion, taking into account an extensive list of statutory factors, to set maintenance. Courts can deviate from the statutory formula in setting Temporary Maintenance, if for example, the parties are not living together and one party is paying all the expenses for the marital residence, while the other lives there, often with children. 

Post-Divorce Maintenance can be ordered as part of the Final Judgment of Divorce. The law changed in 2016 to provide a formula for calculation of Post-Divorce Maintenance, as well as guidelines for the duration of the Post-Divorce Maintenance. 

The Court is not bound by thee guidelines, and can deviate from them based on a wide variety of factors, including age and health of the parties,  ability of each party to be self-supporting, presence or absence of children, their prior living circumstances, etc. The parties can also deviate from them by written agreement,  and often do.

Post-Divorce Maintenance is designed to help the recipient become financially independent by giving them time to regroup, and obtain additional education or better employment. 

Changes to Federal Income Tax Law in 2019 no longer make maintenance tax deductible; which removed a significant benefit for the payor.

Spousal Support

Spousal support is a term used in Family Court, as opposed to divorce court. It is support paid by one spouse to another when no divorce action is pending. It is designed to ensure a spouse meets his or her support obligations to the other spouse, so they do not become a public charge.

Spousal Support is calculated using a formula much like the maintenance formula. It is similar in intent to Temporary Maintenance, except that there is no divorce action pending. 

Start planning for your case by working with Thomas A. Corletta, Attorney & Counselor at Law. Located in Rochester, NY, this divorce lawyer has over 40 years of experience and is well-versed on the intricacies of family law. He works on approximately 150 cases each year and has practiced in 11 counties in western New York State. With a personal approach and a commitment to tracking down the facts, this divorce attorney is ready to take your case. Call (585) 546-5072 to schedule a consultation or visit his website for additional information on his services.