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What factors can impact the maintenance amount in New York?

On Behalf of | Jun 5, 2023 | Divorce

Maintenance or spousal support is often a vital topic during divorce proceedings. Sometimes, a divorcing couple has a vast income gap because one has been serving as the primary earner for the household. This situation could leave one party without financial resources to live independently or to receive the training and education required for employment.

When these instances happen, the court could award maintenance to the spouse to help them sustain their basic needs based on the circumstances. However, the maintenance amount could vary based on what is fair and reasonable to maintain the spouse’s standard of living. The court also considers other factors when calculating spousal support, including the following:

  • Each party’s assets and income
  • The marriage’s duration
  • Age and health condition of each party
  • Their current and potential ability to earn
  • Necessary education or training for either party
  • Living arrangements before the divorce
  • Hurdles keeping one party from seeking employment
  • The party’s ability to become independent and the resources they might need
  • Delayed education or training due to maintaining the household and marriage
  • Child care obligations
  • Caretaking responsibilities to other family members
  • Restrictions caused by age or other factors
  • Owned assets after property distribution
  • Spending habits of each party, causing damages to the marital property
  • Incidents of asset transfers of sales shortly before the divorce

Other aspects of their family life could also impact the maintenance amount. The court could determine if additional factors apply based on the divorce’s details.

Until when can a party receive maintenance?

The court might also use these factors to determine how long a party could receive maintenance payments from the other party. Sometimes, the divorcing couple could agree on a specific date. The court could also set a fair deadline, depending on the circumstances. In some cases, maintenance payments could only end when either party dies.

Still, maintenance and its details could vary. Each divorce case is unique, necessitating different arrangements to preserve the divorcing couple’s and their family’s rights. A divorce should end the marriage without driving anyone into financial ruin.