NYS State Temporary Maintenance Law (enacted October 2011)
Owning substantial marital assets and waiting too long to seek an award of temporary spousal maintenance may reduce the award of temporary spousal maintenance (referred to as the statutory presumptive amount). In a recent case, Plaintiff/Wife, a teacher earning approximately $70,000 gross annually, sought temporary spousal maintenance from her husband, an attorney earning an annual salary of approximately $430,000. Using the new statutory guideline, temporary maintenance was calculated to be $9,571 monthly. But the Court found the presumptive guideline amount inappropriate and unjust because there was marital property valued at more than $2m that would be subject to equitable distribution; in addition, the wife had supported, with essentially no contribution from her husband, a separate pre-divorce household for a period of 3 ½ years prior to seeking temporary maintenance. The Court found the wife found to be "virtually" self-supporting, and reduced the presumptive temporary spousal maintenance award of $9,571 to $3,000.
Protecting rights with regard to spousal maintenance requires an early evaluation of the financial patterns of the marriage. An experienced Nassau County divorce lawyer from our firm will be able to explore this issue with you and ensure you receive the legal guidance you need. Contact the firm to schedule a consultation to review your particular circumstances in a legal context.