SPOUSAL SUPPORT (ALIMONY)
The financial support one ex-spouse gets from the other ex-spouse is called maintenance. Maintenance is decided in Supreme Court during a divorce case.
The purpose of a maintenance award is to help the receiving spouse become financially independent after a divorce. The court awards maintenance in an amount that is fair under the circumstances. The duration of spousal maintenance varies from case to case. In making the decision, the court considers:
the standard of living established during the marriage
whether one spouse does not have enough property and income to provide for the spouse’s reasonable needs
whether the other spouse has enough property or income to provide for the reasonable needs of the other spouse
Whenever there is an issue of maintenance in a divorce case, each spouse must make a complete disclosure of their financial state to the other spouse, including a statement of the spouse’s net worth.
A court can award temporary maintenance while the case is pending. If a motion is made for temporary maintenance, the court is required to follow a formula to determine the presumptively correct amount unless the court determines the formula is unjust or inappropriate.