Temporary Maintenance Attorney in Manhattan

What is Temporary Maintenance?

Temporary maintenance (or alimony as it is sometimes still called) refers to the money awarded to one spouse from another in the event of their divorce.  This money is given in accordance with a written agreement between the two parties, or a valid court order.  In 1980, our state abolished alimony statutes that were based on a gender system, meaning that only wives could receive such awards.  Now, maintenance is gender neutral, and both husbands and wives can receive awards if they fit the established criteria.  Unlike alimony, temporary maintenance is meant to be rehabilitative when possible.  In order for one to qualify for maintenance, three elements must be in place.  These elements are:

• The maintenance must come in the form of money - This includes checks, money orders, wire transfers, and similar methods for transferring currency.  "Payments in kind," which refers to payments in goods or services, are not allowed.
• The maintenance must be between spouses or former spouses only - No other relationship qualifies for such support.
• A written agreement or court order must be in place for the payments to be made - In the event that an agreement or order is absent, voluntary payments will not qualify as maintenance.

The Kepanis Law Firm is recognized for the high quality divorce services it provides to individuals throughout Manhattan.  The firm serves celebrity clients on a regular basis, and members of its legal team have acted as legal consultants on programs such as FOX News.  If you are attempting to address a matter related to temporary maintenance in your divorce, contact a Manhattan divorce attorney at their offices who can pursue the desired outcome on your behalf.

The Factors Used to Determine Maintenance

There are eleven factors that are taken into account by a court when deciding whether or not to award maintenance.  They are:

• The income and property owned by the respective parties
• The duration of the marriage, and the health and age of both spouses
• Present and future earning potential of both spouses
• The ability of the party seeking maintenance to eventually become self-supporting
• Reduced or lost earning capacity of the spouse seeking maintenance as a result of delaying training or employment while married
• The presence of any children
• Tax consequences to both spouses
• Services and contributions of the spouse seeking maintenance
• Wasteful elimination of marital assets by either spouse
• Transfers made in contemplation of divorce or separation that are below market value
• Any other factor deemed relevant by the court

Contact a Manhattan temporary maintenance attorney if you are going through a divorce and need to address the subject of temporary maintenance with your spouse.