Pursuant to a divorce, spousal maintenance may be awarded for life, not at all, or for a fixed period of time. In New York, lifetime maintenance is awarded in extremely rare circumstances. Durational maintenance is awarded to the lesser-monied spouse of a divorce for a defined, fixed term. The purpose of durational maintenance is to enable the lesser-moneyed spouse to get back on his or her feet and become self-supporting. I like to think of it as “rehabilitative maintenance.” Durational maintenance is usually provided to spouses that have been out of work for a while or spouses who are caring full-time for young children and need time and resources to become financially independent.
Whether to award maintenance and the amount, if awarded, is at the discretion of the trial court. Courts evaluate eleven (11) factors set forth in DRL § 236B(6)(d)(1-11) including, but not limited to, the parties’ lifestyle pre-separation, needs of the recipient spouse, and/or the ability of the other spouse to pay. For example, the wife was awarded durational maintenance in Smith v. Smith, 91 A.D.3d 1083 (2012), where she had four young children to care for and no income. In awarding six years of durational maintenance in Roberto v. Roberto, 90 A.D.3d 1373 (2011), the court properly considered the ages of the parties, their pre-divorce standard of living, and the disparity between the parties’ incomes and earning. An award of lifetime maintenance was denied and reduced to durational maintenance for two years in Charap v. Willett, 84 A.D.3d 1000 (2011) where, although the wife did not presently work, she was a formal attorney for over 20 years and had grown children.
No matter how much maintenance is awarded, maintenance typically ends upon remarriage of the recipient spouse, cohabitation of the recipient spouse with another man or woman (even if you are not legally married), or death of either party.