Spousal maintenance (known as alimony in other states) in New York is determined based upon several factors and awarded when a divorce results in a disparity between the incomes of the two divorced parties.
In that situation, maintenance is paid by the spouse with the higher income. Courts will typically order temporary (“pendente lite”) maintenance while the divorce is still ongoing.
After the divorce is finalized, the spouse with the higher income will pay post-divorce maintenance. Maintenance is calculated using a formula and is effected by whether the divorcing parties have children.