Temporary Alimony in Nassau County

Divorce represents a significant life upheaval, intertwining emotional distress with substantial financial adjustments. For both parties involved, this transition often leads to financial uncertainties and can leave them grappling with an ambiguous future. In such uncertain times, temporary alimony, also known as pendente lite alimony, can help one party, while the other party may oppose it. The essence of temporary alimony is to mitigate the financial disparities that commonly manifest during divorce proceedings, especially when one party is in a financially vulnerable position. It acts as a stabilizing force, aiding the lesser-earning spouse in covering essential living expenses and other critical costs while the divorce procedures are underway. If you find yourself amidst a divorce where temporary alimony is being considered, seeking legal guidance from an experienced Nassau County divorce lawyer is imperative. At Stephen Bilkis & Associates, we work hard to helping our clients understand the legalities associated with a demand for temporary alimony and helping to ensure that their legal interests are protected.

Temporary alimony is designed to alleviate the financial disparities that often are present when one spouse earns significantly less than the other, thereby ensuring a degree of financial stability during the transitional phase of divorce. It acts as a necessary financial buffer, allowing the dependent spouse to navigate the complexities of the divorce proceeding without facing severe financial constraints.

However, it's equally important to understand this from the perspective of the paying spouse. While the primary objective of temporary alimony is to secure financial stability for the dependent spouse, it's imperative to strike a fair balance, considering the financial commitments and responsibilities of the paying spouse that includes financial obligations associated with maintaining a separate household.

Temporary alimony in Nassau County is often a contentious issue. Both parties may assert their claims based on financial need and obligations, making it an intricate aspect of divorce negotiations. This underscores the importance of legal guidance from an experienced Nassau County divorce lawyer to navigate this complex landscape.

Under the New York Domestic Relations statute, the basic formula for determining temporary maintenance is:

• Subtract 20% of the receiving spouse’s income from 30% of the paying spouse’s income
• Multiply the income of both spouses by 40% and subtract the receiving spouse’s income
• Temporary support will be determined by the lower amount of the two calculations

See NY Dom Rel L § 236.

However, there is more to the determination than this basic formula. For example, if the income of the person paying exceeds the statutory cap of $175,000, the court goes beyond basic formula to determine amount of the temporary alimony and considers several other factors.

Temporary alimony is a designed to last at most the length of the divorce proceedings. In some cases it does not even last that long. At the conclusion of the divorce proceedings, there may be another type of alimony order: permanent or durational. However, just because temporary alimony was ordered does not mean that the judge will order any type of alimony as part of the final order.

• Permanent Maintenance: Permanent maintenance in New York refers to spousal support that is awarded indefinitely. It is typically granted when there's a considerable disparity in the parties' incomes, the marriage endured a long duration, or if one spouse faces health issues hindering their ability to work. The objective is to sustain a standard of living akin to what was experienced during the marriage. However, the court may modify or terminate it under specific circumstances, ensuring its appropriateness over time. Thus, it is not always truly permanent. There are certain events that can trigger the end to permanent maintenance. For example, if the receiving spouse remarries or even if they cohabitates with someone, permanent maintenance is likely to end. If either party dies, permanent maintenance will end.
• Durational Maintenance: Durational maintenance refers to spousal support awarded for a specified period, generally based on a percentage of the marriage's duration. Unlike permanent maintenance, durational maintenance has a predetermined end date, often calculated as a fraction of the marriage's length. This type of alimony provides financial stability to the recipient for a set period, aiming to assist in their transition after divorce, considering factors such as retraining or adjusting to a new lifestyle. However, it concludes as per the court's determined duration, even if the circumstances don't notably change during that time. While there are some similarities to temporary alimony, there is a major difference. Temporary alimony are payments made during the divorce proceeding while durational alimony are payments made as part of the final divorce decree.
• No Alimony: In some cases in New York, the court will decline to order either party alimony. This occurs when the court determines that one party does not require financial assistance from the other. If the court finds both spouses are economically self-sufficient and can maintain their lifestyle post-divorce without financial aid, it may rule for no maintenance to be paid, ensuring a fair and just resolution based on their financial circumstances. Note that even if temporary alimony had been ordered, it is possible that no alimony is ordered at the end of the proceeding.

It's important for individuals navigating the complexities of divorce to seek legal counsel from an experienced divorce attorney in Nassau County to help ensure that they receive the alimony arrangement to which they are entitled to and that best fits their needs.

Temporary alimony is an important tool that is often used in divorce proceedings in Nassau County, New York. It provides essential financial support to the financially dependent spouse during the divorce process. However, it's crucial to ensure that the determination of temporary alimony is fair and just, considering the unique circumstances of each divorce case. Seeking legal assistance from experienced divorce attorneys serving New York can greatly assist in navigating the complexities of temporary alimony, ensuring the best possible outcome for all parties involved. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Nassau County, Queens, Bronx, Brooklyn, Long Island, Manhattan, Staten Island, Suffolk County, and Westchester County.