What Is Temporary Alimony?
A. In New York, a court may award temporary alimony after an action for divorce is filed so that the payee spouse may sustain themselves during the months or in some cases even years before the case comes to trial, and the judge makes a final decree for alimony. Temporary alimony is governed by Domestic Relations Law § 236(5-a). Many people would suffer hardship if they had to wait until the final decree to be granted alimony.
Is “Temporary Alimony” Different From “Temporary Maintenance”?
It means the same thing. The statutes refer to “maintenance,” but people often call it “alimony”.
When Can I Get Temporary Alimony?
In New York, As soon as your divorce is filed, your attorney may file a motion for temporary alimony.
How Can I Ask for Temporary Alimony?
After the payee spouse’s attorney moves the court to grant temporary alimony, the court will normally decide based on the motion and attached documents without testimony. Attorneys for both sides will submit financial documents such as signed statements of net worth, tax returns, W-2s, 1099s and other financial documents. The court will consider not only the finances of the parties but also the length of the marriage and any existing prenuptial or postnuptial agreement.
How Does a Judge Determine the Amount of Temporary Alimony?
Judges in New York use one of two formulas to determine the amount of temporary alimony. These formulas are found in DRL § 236B (5-a). One is for couples where child support is paid and one is for couples where child support is not paid. The formulas are based on income from various sources for both parties, and deductions are allowed. There is an income cap for the payer spouse, but that income cap periodically increases to keep up with the consumer price index from the United States Department of Labor Bureau of Labor Statistics.
If the income of the payer spouse exceeds the income cap, then the court will consider a list of statutory factors after performing the calculation. But even if the payer spouse’s income does not exceed the income cap, the court may still consider additional factors in order to arrive at a just result.
If the payer’s income exceeds the cap, your lawyer may ask the New York court to take these factors into consideration when determining temporary alimony:
Does My Prenuptial Agreement or Postnuptial Agreement Have Any Effect on Whether or Not I Get Temporary Alimony?
In New York, if the parties executed a prenuptial or postnuptial agreement that spells out the terms of temporary alimony, a judge will consider that binding unless
Will the Amount of My Final Alimony Be the Same as My Temporary Alimony?
In New York, it depends on the situation.