Spousal Maintenance is often referred to as “alimony” or “spousal support.” It is awarded upon consideration of numerous factors set forth under New York Domestic Relations Law and falls primarily into two categories:

  1. Maintenance to be paid while the action of divorce is pending, which is called temporary or interim maintenance.
  2. Maintenance to be paid after the divorce.

In the state of New York, there is a formula for awarding maintenance, however the formula is subject to a cap on the payor’s income and awards made above the cap will be a matter of the court’s discretion.