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Getting Support: Temporary Maintenance During Divorce

At the outset of divorce, shifts in financial outlook are difficult to handle.  Even as spouses separate, mortgage, utilities, and other bills still demand payment.  Whether you are the higher- or lower-earning spouse, temporary financial support is an important feature on the divorce landscape.

Called durational or periodic support, temporary support assists struggling spouses while their divorce is pending. Rehabilitative or permanent spousal maintenance replaces such support upon divorce.

The goal of rehabilitative maintenance is to assist a financially disadvantaged spouse in building a secure income over a period of time. The court grants permanent maintenance less often and acknowledges the difficulty of financial independence for the spouse who receives it.

Enacted in October 2010 along with the no-fault divorce law, temporary support legislation established guidelines for calculation of money support based on income of both parties. The court takes additional factors into account when setting temporary support awards, including:

  • Previously established standard of living
  • Health and age of each party
  • Earning capacity and actual income of each partner, including the need for retraining or education to enter the workforce
  • Care of children, relatives, and other loved ones that inhibits ability to gain meaningful employment outside the home
  • Contributions of each party as a parent, wage earner, or homemaker
  • Acts, like domestic violence, against a partner that may have diminished ability or capacity to hold employment

I routinely assist clients who need or anticipate paying temporary support.  If you have questions, contact me about getting the support you need.

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Randy  S.  Margulis Attorney Photo
Randy S. Margulis
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As a Buffalo divorce lawyer for 25 years, I have devoted myself to solving the problems that affect families throughout the Buffalo metropolitan area and Western New York. As a family law attorney, I make it my goal to create a partnership of trust with my clients. People put their trust in me to handle cases that can potentially have a long-lasting impact on not only their lives, but the lives of their family as well.

Reviews & Ratings
  • lawyers
    5.0/5.0

    Divorce is always an unpleasant event and my case was no exception, yet the guidance, professionalism and ethical strategy that Randy Margulis provided was essential in finding the best solutions for my children, my ex-wife and myself. As the proces...

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    Client

  • lawyers
    5.0/5.0

    Divorce is always an unpleasant event and my case was no exception, yet the guidance, professionalism and ethical strategy that Randy Margulis provided was essential in finding the best solutions for my children, my ex-wife and myself. As the proces...

    Read more

    Client

  • lawyers
    5.0/5.0

    Randy Margulis is knowledgable of Domestic Law, dedicated, responsive, personable, aggressive and effective. I came to him on a friend's recommendation as well as Randy's reputation, and during the initial consultation I liked his approach and track ...

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    Client

  • lawyers
    5.0/5.0

    Found Mr. Margulis to be a very organized and professional individual to work with. He is well-respected by his peers and is spoken of highly, I believe this helped with my divorce and made things go smoothly. I would highly recommend his services ...

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    Client

  • lawyers
    5.0/5.0

    Randy is very firm and effective in court while empathetic to his clients. I am a domestic violence victim, and Randy made me feel safe and protected. My financial award was more than I envisioned it to be when I started my divorce. I can't thank ...

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