What Is the Difference Between Temporary and Final Spousal Maintenance in New York?

In a New York divorce, spousal maintenance may be awarded on either a temporary or post-divorce basis, depending on the circumstances of the parties. Temporary maintenance, also known as pendente lite maintenance, is paid while the divorce action is pending to help a spouse meet their financial needs during the proceedings. Post-divorce maintenance, on the other hand, is awarded as part of the final divorce judgment and may continue for a specified period after the divorce is finalized.

While both types of maintenance are generally calculated using statutory guidelines that consider the parties’ respective incomes, courts may also consider additional factors when determining an appropriate award. When determining post-divorce maintenance, the court may consider factors such as the length of the marriage, the parties’ ages and health, their earning capacities, and their ability to become financially independent. Unlike temporary maintenance, post-divorce maintenance may be awarded for a longer period, depending on the circumstances of the marriage. Importantly, receiving temporary maintenance during a divorce does not guarantee that a spouse will receive maintenance after the divorce is finalized.