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New York Domestic Relations Law Spring 2022
Resource 5 . 1 . 1
1 minute

Selected Maintenance Statutes

Joy Rosenthal

See full Maintenance Statutes for reference

DRL § 236-B
 
Maintenance and distributive award.
 
1. Definitions. Whenever used in this part, the following terms shall have the respective meanings hereinafter set forth or indicated:
a. The term “maintenance” shall mean payments provided for in a valid agreement between the parties or awarded by the court in accordance with the provisions of subdivisions five-a and six of this part, to be paid at fixed intervals for a definite or indefinite period of time, but an award of maintenance shall terminate upon the death of either party or upon the payee's valid or invalid marriage, or upon modification pursuant to paragraph b of subdivision nine of this part or section two hundred forty-eight of this chapter.

...

5-a. Temporary maintenance awards.
 
a. Except where the parties have entered into an agreement providing for maintenance ... the court, upon application by a party, shall make its award for temporary maintenance pursuant to the provisions of this subdivision.
b. For purposes of this subdivision, the following definitions shall be used:
(1) “Payor” shall mean the spouse with the higher income.
(2) “Payee” shall mean the spouse with the lower income.
(3) “Length of marriage” shall mean the period from the date of marriage until the date of commencement of action.
(4) “Income” shall mean income as defined in the child support standards act
 
 

6. Post-divorce maintenance awards.

a. Except where the parties have entered into an agreement ... in any matrimonial action, the court, upon application by a party, shall make its award for post-divorce maintenance pursuant to the provisions of this subdivision.

 

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