The Difference between Maintenance and Spousal Support in New York

The Difference between Maintenance and Spousal Support in New York

When people marry, in New York or elsewhere, they rarely consider divorce a real possibility.  As a result, most people enter into divorce with only a vague understanding of the mechanics and details.  A common misconception among people seeking to dissolve their marriage is that “spousal maintenance” and “spousal support”are the same thing.  While the mechanics are identical – one spouse paying the other money – they are actually separate mechanisms.

Maintenance versusSpousal Support

Spousal support in New York is awarded by Family Court to a spouse who is still married.  In fact, the couple does not even need to be separated or even currently engaged in a divorce or separation proceeding for the court to grant maintenance.  There is no time-limit on support orders – they only end when the other spouse petitions the court, or when a divorce is granted.

Spousal maintenance is granted post-divorce as part of the divorce decree.  The court does not consider any previous support orders when deciding whether to order ongoing maintenance, and gender is not a factor in any way.  The court considers up to twenty separate factors when deliberating the necessity and appropriateness of support, including the income and property assets of both spouses, the length of the marriage, and factors such as future earning potential, health issues, and who the primary caregiver to offspring is.

One of the more frustrating aspects of maintenance orders is that every marriage – and thus every divorce – is unique, with a unique set of factors to consider.  This can make prediction and handicapping spousal support in New York very difficult even for experienced and seasoned attorneys.

Having a separation agreement or a prenuptial agreement can give you control over the support decision, as the spouses can agree ahead of time on an equitable arrangement.