Types of Maintenance

What is permanent, lifetime, or non-durational maintenance?

There are several types of alimony, spousal support or maintenance that can be sought after a marriage ends. The term "maintenance" refers to getting payments to provide the standard of living that was present during the term of the marriage. These payments could be made for an indefinite period of time, based on the case, and will usually end at the death of either party, or when the party receiving the maintenance remarries or is cohabiting with another party who can provide the support for the individual at a reasonable level. A Suffolk County divorce lawyer from our firm can help you get this crucial issue resolved.

Maintenance Attorneys serving all towns in Suffolk County

Every individual marriage had different arrangements, duties, obligations and income. Each case must be evaluated against several determining factors such as the income and property in the marriage that will be split upon the dissolution, the length of the marriage, whether there are children of the marriage, what sacrifices were made by one party to the other throughout the term of the marriage, tax ramifications, any wasteful dissipation that one party may have engaged in and lost assets of the marriage as well as other matters.

Durational Maintenance: This form of maintenance is awarded by the court for a fixed period of time. This could be awarded for one party to obtain employment or to become educated or trained for employment.

Permanent, Lifetime or Non-Durational Maintenance: This form of maintenance payment is not for a fixed period of time, but will continue for the lifetime of the parties, and only ends when one party dies or when the recipient gets remarried or is cohabiting with a third party who is contributing to their support.

Each type of maintenance will be evaluated based upon the age of the parties involved, the length of the marriage, and other factors. When the marriage has been for a short period of time and there are no children, it is less likely that the court will determine that maintenance should be paid, particularly if the individual is young and able to earn a living.

Permanent maintenance is usually awarded when the marriage has been long term. The consideration of the standard of living that was enjoyed in a long-term marriage will be part of the basis of the court's decision. This does not necessarily mean that the party will have a huge alimony payment; but this will be part of what will influence the final outcome of the issue of maintenance. Our staff, at the office of Kuhn & Sandler, PLLC, has extensive experience in helping individuals get these matters resolved and are committed to protecting your right to fair maintenance.

Contact a Suffolk County spousal support attorney from the firm for immediate help.