In New York, it is unfortunate that many marriages end in divorce. As the decision is made to end a marriage and the case is negotiated, people will have questions about the aftermath. In many divorces, spousal support – also referred to as maintenance – is awarded. Along with the amount that will be paid, one common concern for both the paying former spouse and the receiving former spouse is its duration. As the case proceeds, it is important to know the law. Having professional guidance is crucial regardless of the perspective.
How post-divorce maintenance may be determined
There are certain factors that are considered with the length of time for which maintenance will be paid. The length of marriage is a fundamental part of it. For marriages that lasted for up to 15 years, the supporting person will pay for between 15% and 30% of the marriage’s duration. If it was a marriage of 15 to 20 years, it will generally last for 30% to 40% of that. If it was a longer marriage of more than 20 years, the maintenance will be paid for 35% to half of the marriage’s duration.
Still, there are other issues the court will consider including income caps; the age and health of the parties; how much each can reasonably expect to earn; if a person needs education or training to improve earning capacity; child support and when it ends in comparison to the duration of maintenance; behaviors that negatively impacted a party’s ability to earn and advance; how much medical insurance will cost; caring for children, disabled adult children and other relatives; taxes; what the standard of living was; property division; and how much one party might have contributed to the career advancement of the other. Assets, retirement accounts, benefits and how long until the parties reach retirement age are also considered.
Having professional assistance can be helpful with post-divorce maintenance
Divorce and other aspects of family law can be complicated and difficult. It may stoke worry as to how a person will make ends meet, if there will be maintenance and how long it will last. There are laws in place to regulate these considerations. Even with that, people can engage in extended disputes over maintenance. To ensure the duration is reasonable and adheres to the law, having experienced representation can provide advice and protection for this issue and other matters related to a divorce.