Suffolk County Maintenance Attorneys

Maintenance and Alimony in Divorce

One of the more commonly contested issues in a divorce is the subject of maintenance. These payments are made by one spouse to another in a separation or divorce. The purpose of the support is to provide the financial support to cover the needs of the other party, including food, shelter, clothing, medical bills and other types of support.

After a marriage comes to an end, the spouse that has supported the family is often required to pay maintenance until the former spouse becomes financially independent. Any maintenance issue should be discussed with one of our Suffolk County divorce lawyers, here at Kuhn & Sandler, PLLC, who can advise you and take action to protect your rights.

Divorce Lawyer in Suffolk County

New York does have a formula for determining the amount of temporary support that will be paid. A final determination of maintenance will depend on the many factors that the law states are to be reviewed. In any divorce, either partner has the right to file for support. This does not mean that the court will approve the request.

The court will review income of the parties and a number of factors to determine whether spousal support should be paid, including the health of the individual, the quality of life that they enjoyed during the marriage, the length of the marriage, whether there are children and whether they have special needs, and the current and predicted future income of each party and need for additional education to become self-supporting. There are several types of maintenance including:

Permanent maintenance:

This form of support is paid for an indefinite period of time unless a modification is sought and approved by the court.

Rehabilitative support:

This form of support is paid temporarily. As soon as the former spouse becomes financially self-sufficient, either through re-training, education or employment the support will end.

All types of maintenance end when the former partner either gets remarried, or dies. In some cases, the payment can end when they are co-habiting with another person and living as husband and wife, even without marriage taking place.