Legal Question in Family Law in New York

Re: Definition of ''Maintenance''

"Maintenance" is inclusive of the notion of "spousal support" {generally = payments made to a spouse during the pendency of divorce litigation} _and_ "alimony" {payments made to a former spouse, after divorce}.

The factors considered are these:

[1]the income and property of the respective parties, including marital property distributed pursuant to Domestic Relations Law Section 236(B)(6);

[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 therefor;

[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]contribution 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;

[11]any other factor which the parties expressly find just and proper;

The question you pose is the very question that often puts to the test the expectation that the parties are "amicably parting".

If you agree, you can "just keep our separate incomes" - - one supposes that in the context of the few facts presented, the question is:

Do _you_ think she should pay you maintenance &, if so, how & to what extent does your "circumstance" mesh with the considerations noted.

Good luck.

Regards, etc.,

J.M. Hayes

>>--> The foregoing amounts to musings and observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General sense; my remarks should not be thought of as "legal advice and counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <-<<