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2 kinds of spousal maintenance available in New York

On Behalf of | Nov 28, 2014 | Divorce |

A divorce often brings out the worst in people. Couples who may have spent years together have decided to call it quits. The split may be acrimonious or civil, but the end result is that the marriage is over.

When a divorce petition is filed in New York, there are many factors to consider, including child custody, child support, property division and spousal maintenance. There are two types of spousal maintenance awarded in New York. Those are the following:

— Temporary Spousal Maintenance: This is paid after the divorce petition has been filed and before the divorce is final. The incomes of the supported and non-supported spouses are taken into consideration. This maintenance ends when the divorce is final.

— Post-Divorce Maintenance: This is the spousal maintenance that is awarded in the final divorce decree. There are two types of post-divorce maintenance. The first is durational. It is awarded for a specific amount of time but is supposed to allow enough time for the receiving spouse to become self-supporting. The second is non-durational maintenance. It ends when the receiving spouse gets remarried, cohabitates with someone as if they were a married couple or dies.

Spousal maintenance can be a point of contention in many New York divorces. At Weinstein, Kaplan & Cohen, P.C., we understand how difficult this time is for you and your children. Our objective is to help you maintain the lifestyle you have become accustomed to when you were married. In order to learn more about spousal maintenance, please take a few moments to review our webpage on the subject.


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