Kailua Kona, HI asked in Divorce for New York

Q: How do I know if I will be able to receive maintenance if I get a divorce?

Related Topics:
3 Lawyer Answers
Stephen Bilkis
PREMIUM
Stephen Bilkis PRO label
Answered
  • New York, NY
  • Licensed in New York

A: Generally, the presumptive award of spousal maintenance is paid by the spouse with the higher income. The court has a fair amount of discretion to adjust the award based on fairness.

Christine Moccia agrees with this answer

Christine Moccia
Christine Moccia
Answered
  • Rye Brook, NY
  • Licensed in New York

A: There are two types of maintenance -- temporary and permanent. Temporary maintenance is provided to the spouse with the lower income based on a formula that also takes into consideration temporary child support being paid by the higher income spouse (assuming that spouse does not have temporary custody). Permanent maintenance is the long term maintenance that is part of the divorce package along with division of marital assets. The Court has wider discretion as do the parties in determining what the long term maintenance will be, and will consider many factors the most important (I believe) being the length of the marriage.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
Answered
  • San Francisco, CA
  • Licensed in New York

A: Spousal support is paid based on the length of the marriage and the income/ expenses of the spouses. It can also be negotiated as part of a marriage settlement agreement. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.