Types of Maintenance
What is permanent, lifetime, or non-durational maintenance?
There are several types of
alimony, spousal support or maintenance that can be sought after a marriage ends. The term "maintenance"
refers to getting payments to provide the standard of living that was
present during the term of the marriage. These payments could be made
for an indefinite period of time, based on the case, and will usually
end at the death of either party, or when the party receiving the maintenance
remarries or is cohabiting with another party who can provide the support
for the individual at a reasonable level. A Suffolk County divorce lawyer
from our firm can help you get this crucial issue resolved.
Maintenance Attorney serving all towns in Suffolk County
Every individual marriage had different arrangements, duties, obligations
and income. Each case must be evaluated against several determining factors
such as the income and property in the marriage that will be split upon
the dissolution, the length of the marriage, whether there are children
of the marriage, what sacrifices were made by one party to the other throughout
the term of the marriage, tax ramifications, any wasteful dissipation
that one party may have engaged in and lost assets of the marriage as
well as other matters.
Durational Maintenance: This form of maintenance is awarded by the court for a fixed period of
time. This could be awarded for one party to obtain employment or to become
educated or trained for employment.
Permanent, Lifetime or Non-Durational Maintenance: This form of maintenance payment is not for a fixed period of time, but
will continue for the lifetime of the parties, and only ends when one
party dies or when the recipient gets remarried or is cohabiting with
a third party who is contributing to their support.
Each type of maintenance will be evaluated based upon the age of the parties
involved, the length of the marriage, and other factors. When the marriage
has been for a short period of time and there are no children, it is less
likely that the court will determine that maintenance should be paid,
particularly if the individual is young and able to earn a living. Permanent
maintenance is usually awarded when the marriage has been long term. The
consideration of the standard of living that was enjoyed in a long-term
marriage will be part of the basis of the court's decision. This does
not necessarily mean that the party will have a huge alimony payment;
but this will be part of what will influence the final outcome of the
issue of maintenance. Our staff, at the office of
Steven P. Kuhn, Attorney at Law, has extensive experience in helping individuals get these matters resolved
and are committed to protecting your right to fair maintenance.
Contact a Suffolk County spousal support attorney from the firm for immediate help.