Maintenance is paid by one spouse to the other.  People sometimes still refer to maintenance as alimony or spousal support.

            Maintenance is available in Supreme Court as part of a matrimonial action.  Maintenance is also available in Family Court, where one spouse needs support from the other, but is not seeking a divorce.

            In a divorce case, maintenance is conceived to be “rehabilitative,” to ensure that a spouse who has devoted themselves to the marriage, instead of pursuing a career, has the ability to become self-supportive.  The judge in the matrimonial action will set the amount of maintenance to be paid, as well as its duration, that is, the length of time during which it is to be paid.  The duration is conceived as the length of time it is likely for the spouse to get into the work force, it may include a period of time for college or other training, and time to establish oneself.  In cases where a spouse is unable to return to work, because of illness or because the spouse is of retirement age, non-durational or permanent maintenance may be ordered.

            In Supreme Court, in a matrimonial action, a judge will set maintenance, and in determining the amount and duration of maintenance, has great discretion, and  shall consider:

(1)   the income and property of the respective parties including marital property distributed pursuant to subdivision five of this part;

(2)   the duration of the marriage and the age and health of both parties;

(3)   the present and future earning capacity of both parties;

(4)   the ability of the party seeking maintenance to become self-supporting and, if applicable, the period of time and training necessary therefore;

(5)   reduced or lost lifetime earning capacity of the party seeking maintenance as a result of having foregone or delayed education, training, employment, or career opportunities during the marriage;

(6)   the presence of children of the marriage in the respective homes of the parties;

(7)   the tax consequences to each party;

(8)   contributions and services of the party seeking maintenance as a spouse, parent, wage earner and homemaker, and to the career or career potential of the other party;

(9)   the wasteful dissipation of marital property by either spouse;

(10) any transfer or encumbrance made in contemplation of a matrimonial     

                    action without fair consideration; and

(11) any other factor which the court shall expressly find to be just and proper.

            The standards of maintenance are different in Supreme Court and Family Court.

            The Family Court may also order one spouse to pay maintenance to the other.  The Family Court, which does not have the authority to grant a divorce or in any other way dissolve a marriage, views maintenance differently then the Supreme Court in a divorce or other matrimonial action.  In Family Court, the judge may award maintenance under the following formulation:

A married person is chargeable with the support of his or her spouse and, if possessed of sufficient means or able to earn such means, may be required to pay for his or her support a fair and reasonable sum, as the court may determine, having due regard to the circumstances of the respective parties.