The purpose of maintenance is to allow the financially needy spouse to become self-supporting. In determining the amount and duration of maintenance, the court must balance various factors including each party’s means and needs, and the standard of living which the parties enjoyed during the marriage. Additional factors to be considered by the court include, but are not limited to, the property distributed to each party in the divorce action; the duration of the marriage; the age and health of each party; the parties’ earning capacities; the period of time which will be needed for a party to become self-supporting; the presence of children in the marriage; and the contributions of each party as a wage earner, parent and homemaker.

The laws of maintenance are gender neutral. Although husbands have traditionally been viewed as the spouse who would be paying maintenance, there is no limitation as to which spouse can seek a maintenance award. It is also important to note that the party receiving maintenance is liable to pay income taxes on the award, while the party paying maintenance may deduct such payments from his or her taxable income.

Effective October 12, 2010, New York’s Domestic Relations Law was amended with respect to awards of temporary maintenance (i.e. maintenance awards made while a divorce proceeding is pending). Prior to the effective date of the new law, courts would base determine temporary maintenance awards based upon an analysis of the reasonable needs of the needy spouse vis-à- vis the financial means of the monied spouse, with regard given to the parties’ marital lifestyle. New York has now adopted a formula approach for calculating temporary maintenance. This involves certain mathematical calculations based upon each party’s established income.

It is often difficult to determine what the correct income is for each spouse, particularly where one or both spouses are self-employed. An accurate determination of the appropriate income to be attributed to each spouse requires the skills and insight of an experienced matrimonial attorney.