Category Archives: Spousal Maintenance

A Change of Economic Circumstances: When a Party Hits the Lottery

After a divorce is filed it is not uncommon for one of the parties to claim that they are no longer self supporting and have suddenly become indigent.  It is a much rarer issue when one of the parties suddenly becomes rich.   Two recent cases illustrate what happens when one party wins the lottery. …
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What Happens to Child Support or Maintenance Payments If My Ex Dies?

You have been granted either spousal maintenance or child support, what happens if your ex dies? Maintenance or spousal support terminates when the paying spouse dies.   Ordinarily, unless arrears are owed, the recipient of the payment has no claim against the payer’s estate.   It is for this reason, that I strongly encourage all periodic payments…
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New York’s No Fault Divorce and Temporary Maintenance Rules Revisited

Though divorce filings are up on Long Island since the New York’s no-fault divorce law took effect 17 months ago, the law is having its intended effect; couples are concentrating on the financial and child custody issues rather airing their dirty laundry in grounds trials. According to Newsday, the number of new divorce cases in…
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Judge Deviates from Temporary Maintenance Formula

One of the major criticisms of the new temporary maintenance law enacted last year was that it would lead to severe results, disproportionately re-distributing income. The new law provides for a formula to calculate the presumptive temporary maintenance award.  The law also provides a number of factors to be considered when the presumptive award would…
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New York Enacts Guidelines for Temporary Maintenance

Simultaneous with the enactment of no-fault divorce, New York enacted guidelines for awarding temporary maintenance. The stated purpose of the guidelines was to provide consistency and predictability for temporary maintenance awards in the same way that the child support guidelines do. Pursuant to the guidelines, maintenance is to be awarded during the divorce when one…
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