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534 Delaware Ave, Suite 433, Buffalo, New York 14202 | 19 Limestone Drive, Suite 9, Williamsville, New York 14221

Call now for an initial consultation 716.886.9600

Call now for an initial consultation 716.886.9600

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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