Chase Law

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Rochester, NY 14625


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Spousal maintenance

Spousal maintenance is the money one spouse may be required to pay to the other spouse after divorce. While spousal maintenance may be set for life, it is generally awarded for a specific period of time. In determining the amount and duration of a maintenance award, the following are some of the factors that are considered:

  • The length of the marriage

  • The age and health of the parties

  • The income and property of each spouse, including each spouse’s share of the marital property as divided by the court

  • The present and future earning capacity of both spouses

  • A spouse’s need to incur training or education expenses

  • The existence and duration of a joint household before marriage or separate households before divorce

  • Acts by one spouse against the other that inhibit the other’s earning capacity or ability to get a job

  • The ability of the party seeking maintenance to become self-supporting, and the time and training it will require

  • Whether the spouse seeking maintenance has reduced or lost lifetime earning capacity as a result of having forgone or delayed education, training, employment, or career opportunities during the marriage

  • Whether a spouse’s earning capacity is inhibited by ongoing care of children, stepchildren, adult children with disabilities, or elderly parents or in-laws

  • Whether one spouse will have trouble finding work due to age or absence from the workforce

  • The equitable distribution of marital property

  • The contributions and services of the party seeking maintenance as a spouse, parent, wage earner, homemaker, and to the career or career potential of the other party

  • The wasteful dissipation of marital property by either spouse

  • Any other factor that the court expressly finds just and proper

Temporary Spousal Maintenance

If spouses are in the midst of divorce, a spouse who earns less than his or her spouse may be eligible for temporary spousal maintenance, or spousal support, while the divorce case continues. A law was passed in 2010 that provides a formula and factors for courts to consider in calculating temporary spousal maintenance, with many of the factors the same as or similar to those determining spousal maintenance after a divorce.

Chase Law will analyze a request for spousal maintenance, by reviewing all financial information provided to the court, along with determining whether additional documentation should be filed with the court to help support any claim for relief.