After a New York divorce action is “commenced” (started) by the plaintiff filing the appropriate legal documents with the County Clerk and serving the legal documents on the defendant, either spouse can make an “application” (motion) to the Supreme Court Judge who has been assigned to your New York divorce case for the purpose of obtaining “temporary maintenance.”
If you are the spouse in a divorce action in which there is a significant difference between the amount of your income and your spouse’s higher income, you may be able to obtain a Court Order from the judge requiring your spouse to pay you money (“maintenance”) every week, two weeks or every month during all of the time that it takes to complete the New York divorce proceedings and perhaps for an extended period of time for years or for the duration of your spouse’s life time under certain circumstances.
Consult With A Lawyer
If you are contemplating a New York divorce or you have been served with a summons and are named as a defendant in a New York divorce action you can call the Law Office of Jerold S. Slate at (845) 471-4141 to schedule a personal and confidential consultation.
The new New York divorce law, effective October 12, 2010, provides a formula for determining how much, if anything, the spouse with the higher income will have to pay the spouse with the smaller income. Domestic Relations Law (DRL) section 236 (B)(5-a)(C) provides a formula in which the judge determines the “presumptively correct amount of temporary maintenance.” Simply stated, that is the amount of money that the judge will order your spouse to pay you during the divorce proceedings until the judge can determine a final award of “maintenance” (money) that your spouse should pay, if anything.
If the judge determines that the “presumptively correct award of maintenance” determined by the statutory formula is “unjust” or “inappropriate”, the judge has the discretion to deviate from the formula and determine what is fair, just and appropriate based upon the consideration of one or more of 17 statutory factors.
Temporary Maintenance Paid To Spouse (Pendente Lite Relief)