A Better Understanding of Maintenance or Alimony

Divorce is not an easy process and it can pose many challenges during the case. However, if you think ending your marriage would be best for you and your spouse, there are ways to make the process a little less stressful. Attorneys may advise both parties to cooperate and follow legal processes to expedite the finalization of the divorce and take a more along the successful. They may also suggest some ways to make the process more beneficial for partners.

Maintenance is among the many topics discussed during a divorce. Also called ‘alimony’ or spousal support, maintenance is the money given by a person to his or her spouse during or after a divorce. It aims to help the supported spouses continue with their norm until they become capable of supporting themselves financially.

The Law Offices of Ian S. Mednick provides important information to help you gain better understanding of your rights to maintenance.

Temporary and Final Maintenance

There are two types of maintenance awards in New York. ‘Pendente lite’ or temporary maintenance allows a spouse to receive money while the court is studying the case and finalizing its decision. Supported spouses may use the money to cover living expenses and enjoy the same lifestyle they had when they were married.

Final maintenance is the award given by the court after the divorce process. There is a formula for establishing a monthly payment towards your spouse and the duration is based upon the length of years of your marriage.  However, the ultimate decision maker is the Judge who has the ability to set what he/she believes is fair or just.

Busting a Myth

Most people think that husbands are always responsible for paying maintenance. The truth is that the court may require any of the spouses to provide financial support. The decision greatly depends on income and other factors. Our firm will be glad to discuss with you further so you can fully understand how the process works. One thing is for sure – you and your spouse are always better off agreeing to numbers than allowing a stranger to decide your fate.

The Law Offices of Ian S. Mednick provides information, personalized attention, and legal representation to those facing divorces. Contact us to discuss your case and learn how our firm can help you.