Temporary maintenance can be ordered during the pendency of the divorce and one spouse will make payments until the divorce is complete and then temporary maintenance will end and permanent maintenance will then be addressed by the court.
Unlike child support, there is not a set formula for determining how much a person will pay in maintenance. Therefore, spousal maintenance must be agreed upon between the two parties in divorce through negotiation, or else it will be determined by a judge through litigation. Some factors a judge will take into consideration include:
- The length of the marriage
- The standard of living the couple shared during the marriage
- Each spouse's current income
- Each spouse's vocational skills and his or her ability to earn an income
- Whether one spouse stayed home during the marriage to take care of children
- Each spouse's debts and assets
- The age of each spouse
- The physical and mental health of each spouse
- If either spouse has any special needs
- How marital property was divided
- Where the children live
- Tax consequences of the division of property
Determining spousal support can be a sensitive issue, but it's important that an agreement can be reached that is fair to both parties. At Abraham & Jesselson Law Group, LLC, we can provide you with dedicated legal counsel to ensure you are not receiving or paying an unreasonable amount in maintenance. We can review all aspects of your divorce, how your marital property was divided, and the nature of your marriage to determine how much you should be paying or receiving. We have extensive experience in this area of divorce law and are committed to using our resources and legal knowledge to help our clients resolve their spousal support cases in a way that provides them with the financial resources needed to maintain a lifestyle in consideration of the one they had during marriage. Contact our firm at (516) 821-0990 today for a consultation.