In New York maintenance is analagous to but yet different from alimony, which preceded it in the law. Except where there is a valid and legally enforceable agreement in writing which makes provisions regarding maintenance, a court may award maintenance to a party to a divorce case. There are multiple factors which must be considered by the court in deciding whether to make an award of maintenance. Sometimes an award of temporary maintenance is made while a case is pending in court and an award of permanent maintenance is made at the conclusion of the lawsuit.
Please note that individuals contemplating a divorce should obtain legal advice from an attorney pertaining to their own situation. This is because each case involves legal issues and considerations that are specific to that particular case.
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