How Does Maintenance Work In Divorce?
One of the most confusing, difficult, and contentious areas of divorce is maintenance, which is what we call alimony in New York. Yes, alimony remains a hotly contested issue during divorces. I’m Katherine Miller, and I’ve been a divorce attorney in New York for over 30 years. Maintenance boils down to three key questions, each with complex answers.
- Should there be maintenance? This question often leads to confusion. People might think it’s a matter of entitlement after a long marriage, but it’s actually based on need. Does one spouse need maintenance to cover their expenses? And does the other spouse have the ability to pay? It’s a balancing act, and the answer isn’t always as straightforward as it might seem.
- How much maintenance should there be? In New York, this is a complicated question. There’s a formula for income up to a certain amount, but beyond that, the court considers various factors related to fairness. The formula provides a starting point, but many factors can influence the final amount.
- How long should maintenance last? New York has recently introduced advisory guidelines for maintenance duration. For marriages lasting 20 years or more, the guideline is 50% of the marriage duration, with adjustments for shorter marriages. These guidelines are advisory, meaning courts and negotiations can deviate from them based on circumstances.
Don’t hesitate to reach out on our email address info@miller-law.com or call us at (914) 685-9805. Thanks for listening!