New York Temporary Alimony

Even when the parties to a divorce are on civil terms, divorce proceedings can be complicated and can take a long time to finalize. In fact, the media often reports on celebrity divorces that drag on for multiple years. Long divorce proceedings are not limited to celebrities or extraordinarily wealthy people. There are many factors that may cause a divorce case to take a long time to settle such as working out child custody issues as well as issues related to child support. This presents a number of issues for the parties involved. One issue is the question of spousal support. At the conclusion of a divorce when a final settlement is agreed upon by both parties, the amount and duration of alimony is determined by the judge presiding over the case. However, while waiting for a divorce to be finalized one party may suffer financially. New York family law allows either party to a divorce to request that the court award temporary alimony to be paid by the other during the pendency of the divorce proceeding. If you are contemplating divorce and are concerned about alimony, it is important that you contact an experienced New York divorce lawyer who will explain to you your legal options related to temporary alimony, spousal maintenance and other issues related to your divorce.


Temporary support, also known as temporary maintenance or alimony, is a crucial aspect of divorce proceedings in New York. The state's Domestic Relations Law outlines the factors that courts must consider when determining the necessity and amount of temporary support. These factors play a pivotal role in ensuring fairness and financial stability during the divorce process.

• Assets of the Parties, Including Marital Property. The court evaluates the assets, both separate and marital, belonging to each party. Marital property includes assets acquired during the marriage, which may influence the need for temporary support.
• Length of the Marriage. The duration of the marriage is a significant factor. Longer marriages may necessitate more substantial temporary support to assist the financially dependent spouse during the divorce proceedings.
• Age and Health of Both Parties. The age and health of the parties involved are crucial considerations, especially if either party has health issues affecting their ability to work or become financially independent.
• Earning Capacity of Both Parties. The court assesses the current and potential earning capacities of both spouses, recognizing the need to maintain a reasonable standard of living during the divorce process.
• Ability of the Party Seeking Maintenance to Become Self-Supporting. The court examines the party seeking temporary support's ability to become financially independent and self-sustaining after the divorce.
• Lifetime Earning Capacity. Consideration is given to any reduction in the lifetime earning capacity of the party seeking support due to sacrifices made during the marriage, such as forgoing career opportunities.
• Residence of the Children. The court considers where the children of the marriage reside and the associated financial responsibilities and implications in the determination of temporary support.
• Tax Consequences. Tax implications on both parties resulting from temporary support are assessed to ensure a fair assessment of support amounts.
• Contributions to Career of the Other Party. Contributions made by one party to the career or education of the other spouse are acknowledged, potentially influencing the determination of temporary support.
• Wasteful Behavior. If either spouse contributed to squandering marital assets, it may impact the amount of temporary support awarded.
• Loss of Health Insurance Benefits. The potential loss of health insurance benefits for either party upon dissolution of the marriage is a relevant factor in determining temporary support.
• Any Other Relevant Factor. The court has the discretion to consider any other pertinent factor that may affect the determination of temporary support. Thus, it is critical to discuss your case with a skilled New York divorce lawyer.

The purpose of New York’s temporary spousal support statute is to ensure that the spouse who earns less is financially supported by the spouse who earns more until a final support order is issued at the conclusion of the divorce proceedings. If the spouse requesting temporary support is unable to show financial need, the judge will not issue an order for temporary support. In determining financial need the court will apply a mathematical formula found in New York’s “mandatory temporary maintenance guidelines.” The calculations are based on each party’s gross income. To the extent not included in a party’s gross income the following additional income is considered:

• Investment income
• Workers' Compensation benefits
• Disability benefits
• Unemployment Insurance
• Social Security benefits
• Veterans benefits
• Retirement benefits
• Fellowships and stipends
• Annuity payments

Thus, each spouse must make a complete financial disclosure to the court. An experienced divorce lawyer in New York can help with this.

An order of temporary support may not be limited to a lump sum amount, or a weekly or monthly sum. An order may also include the requirement that the supporting spouse also pay health insurance, unreimbursed medical bills, and attorney’s fees.

It is important to note that notwithstanding the mandatory temporary maintenance guidelines, any pre- or post- marital agreements between the spouses related to support will impact a judge’s decision of whether or not to issue a temporary support order. See Anonymous v. Anonymous, 2016 NY Slip Op 2016 (N.Y. App. Div., 2016).


Let’s face it. Regardless of whether or not the word “amicable” is attached to a dissolution of a marriage there is always the possibility that the parties will disagree on aspects of the process. Temporary support and spousal maintenance are areas where spouses are likely to disagree. In order to ensure that your rights are protected throughout all aspects of your divorce proceeding it is important to work with an experienced divorce lawyer serving New York. 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.