• Personalized Representation

    Work directly with your attorney every step of the way.

    Boutique Law Firm
  • Navigating the Divorce Process

    Get the guidance you need throughout this difficult time.

    Divorce Process
  • Stay Close to Your Kids

    We can help you protect your relationship as a parent.

    Child Custody
  • We Offer a Free Consultation

    Contact us today to learn how we can help you with your case.

    Get Started Today

When Does Maintenance End in New York?

When a married couple files for divorce, there's always a possibility that the lower-earning spouse may ask the judge for maintenance, also known as alimony or spousal support in other states.

In New York, "maintenance" is the money paid during and after a divorce to help support the non-moneyed spouse and to ensure that he or she does not fall into poverty because of the divorce.

Often, one of the spouses abandoned their education or career to stay at home and care for the couple's children and household. The court values these contributions, even if they weren't financial.

Maintenance not only ensures that the stay-at-home parent or homemaker maintains the same standard of living enjoyed during the marriage, it's the court's way of allowing supported spouses the time necessary to gain the skills needed to become "self-sufficient."

Three Types of Maintenance

There are three main types of maintenance in New York: 1) pendent lite, 2) durational, and 3) nondurational.

  • Pendent lite or temporary maintenance it is often awarded in the beginning of a divorce and is meant to help the supported spouse pay for their basic living expenses until a final award for maintenance is issued.
  • "Durational" maintenance is paid for a limited time, usually until the supported spouse becomes self-supporting.
  • "Nondurational" maintenance, otherwise known as lifetime maintenance is a less common arrangement, but it's still on the books. This type of maintenance is paid for the rest of the supported spouse's life. Though rare, this may be seen in cases where one of the spouses is elderly and unlikely to support themselves to due age, illness or a disability.

When does maintenance terminate?

Temporary maintenance ends when the judge issues a final maintenance order.

If the paying spouse wishes to terminate durational maintenance because their ex has become self-sufficient, or because they moved in with a new romantic partner, then the paying spouse will have to convince the judge that such changes have taken place.

Nondurational maintenance can terminate for any of the following reasons:

If you are interested in learning more about maintenance in New York, contact a Nassau County divorce attorney from Jason M. Barbara & Associates, P.C.!

Categories: Divorce

Serving All of New York

We stand ready to offer our legal service and knowledge to improve your situation.

Contact Us

Jason M. Barbara & Associates, P.C.
Located at: 3 Dakota Dr,
Suite 300,
New Hyde Park, NY 11042
View Map

Phone: (516) 406-8381
Local Phone: (516) 775-5557
Website:
© 2017 All Rights Reserved.

Disclaimer

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.