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SPOUSAL MAINTENANCE Spousal maintenance, commonly called "alimony", is the term applied to period payments to a spouse for his/her support for a specific number of years. In New York State, the courts usually consider maintenance to be rehabilitative, i.e. that it is paid to a spouce for a specific length of time in order to enable the spouce to be self-supporting. In some instances spousal maintenance is paid for life. Payments received are taxable income to the recipient and deductible to the payor, unless otherwise agreed upon. Payments made on behalf of a spouse, but paid to a third party such as a mortgage payment, may be treated as maintenance in some circumstances. There is no statutory formula for determining maintenance. Courts consider all the facts and circumstances in your specific case. Individuals who live together without being married are not eligible for spousal maintenance in New York State. |
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