What are the 13 factors considered in maintenance awards?

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When a couple is getting divorced, there are a wide range of matters that need to be handled before the divorce can be finalized. Some of these include child custody, child support, the division of assets, and whether maintenance will be awarded. Maintenance, which is sometimes referred to as spousal support or alimony, is a form of usually temporary financial support that may be granted to one spouse after the couple has become divorced.

Maintenance is not necessary for every divorce. In some situations, both spouses are financially independent and there is simply no reason for it. But there also may be situations where one spouse was the primary source of income while the other spouse stayed home to raise the children, or didn’t work for any number of other reasons. New York State has a list of 13 factors that they consider when determining a maintenance award, especially if the spouse’s income exceeds $175,000.

These factors include:

  1. how old each spouse is
  2. the health of each spouse
  3. whether the spouses have a financially sustainable earning capacity
  4. the standard of living that each spouse is accustomed to due to the marriage
  5. the education expenses of a spouse
  6. the accessibility to health care
  7. lost earning capacity due to missed career opportunities during the marriage
  8. the cost of the care of children or other dependents
  9. whether one party stifled the other party’s earning capacity during the marriage
  10. the existence of a joint household before the marriage
  11. taxes of each party
  12. wasted marital funds or property
  13. termination of child support during the time when temporary maintenance was determined in an effort to pay less maintenance

If you have questions about a temporary maintenance award, contact us today.

Peter V. Mandi, Esq. is an experienced divorce and family law attorney located in Bohemia, New York. If you require strong and dedicated legal representation in Long Island, New York, contact Peter V. Mandi & Associates, Inc. today for a free consultation.

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