Temporary Spousal Support Lawyer New York

A divorce case can take months, sometimes longer, to reach a final judgment, and during that time both spouses still have bills to pay. Temporary spousal support, often called pendente lite maintenance, addresses that gap by providing for payments from one spouse to the other while the divorce is still pending, before any final maintenance decision is made. New York sets out a specific guideline formula for this temporary support in Domestic Relations Law § 236(B)(5-a), separate from the formula used for maintenance after the divorce is final. Mr. Sris and the firm’s Of Counsel attorneys represent spouses seeking temporary support and spouses responding to a temporary support request, working through the statutory formula, the income figures it depends on, and the factors that can support an award different from the guideline amount. Because temporary support is meant to maintain a workable financial arrangement only for the duration of the case itself, it terminates no later than the entry of the divorce judgment, at which point the question of ongoing support, if any, is addressed separately as post-divorce maintenance. Spouses who need temporary support early in a divorce case, or who are facing a temporary support request from the other spouse, can request a consultation to review their income situation. Call (888) 437-7747 to request a consultation.

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What Temporary Spousal Support Means in New York

Temporary spousal support, also called pendente lite maintenance, is support one spouse pays to the other while a divorce case is pending, covering the period between the filing of the divorce action and the entry of the final divorce judgment. Domestic Relations Law § 236(B)(5-a) sets out a specific guideline formula for this temporary support, distinct from the formula that applies to post-divorce maintenance under a different subdivision of the same statute. The formula compares the higher-earning spouse, defined as the “payor,” and the lower-earning spouse, defined as the “payee,” and calculates a guideline amount using percentages of each spouse’s income, with the specific percentages depending on whether the payor will also be paying child support and whether the payor is the child’s custodial or noncustodial parent. The statute directs the court to use the lower of two calculated formula results as the presumptive guideline amount.

The formula applies only up to a statutory income cap on the payor’s income; the statute states this cap at a base of $184,000, adjusted every two years according to a Consumer Price Index formula and published by the Office of Court Administration, so this page does not state a current-year adjusted figure. Income above the cap is addressed at the court’s discretion, guided by a list of statutory factors rather than the formula itself. A guideline award also cannot reduce the payor below a self-support reserve, defined in the statute by reference to the federal poverty guideline rather than as a fixed current dollar figure, and an award below that reserve carries a rebuttable presumption against being appropriate. By its nature, temporary support is not a final determination of a spouse’s ongoing needs; Domestic Relations Law § 236(B)(5-a) provides that it terminates no later than the entry of the judgment of divorce, or the death of either party, whichever happens first, at which point any continuing support is addressed through a separate post-divorce maintenance determination.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Temporary Spousal Support Cases

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who founded the firm in 1997 and is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris and the firm’s Of Counsel attorneys represent spouses seeking or opposing temporary spousal support early in a New York divorce case, when a prompt resolution of the support question often matters as much as the final outcome, since a spouse may need income to cover living expenses while the case proceeds. The firm’s approach starts with organizing the income documentation the Domestic Relations Law § 236(B)(5-a) formula depends on for both spouses, since the guideline calculation turns directly on those figures. The firm’s Of Counsel attorneys contract directly with the firm and prepare the motion papers, financial disclosure, and supporting affidavits a temporary support application requires, and, where a client’s circumstances support an award different from the guideline formula result, address the statutory deviation factors directly with the court. Because temporary support terminates no later than the entry of the divorce judgment, the firm also helps clients understand how a temporary award relates to, but does not determine, any later post-divorce maintenance decision, so a client is not caught off guard when the case moves from the temporary phase to the final judgment. Work on these applications often moves on a faster timeline than the rest of a divorce case, since spouses frequently need a resolution of income issues well before the broader case concludes.

Attorney Background

Mr. Sris founded the firm in 1997 after beginning his legal career as a former prosecutor. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and financial matters arising during a pending divorce, including temporary support, make up part of his practice. His background in accounting and information systems from George Mason University has been applied within the firm’s caseload to income documentation questions that arise in temporary support applications. Mr. Sris and the firm’s Of Counsel attorneys handle temporary spousal support motions throughout New York. The firm’s Of Counsel attorneys contract directly with the firm rather than through any outside intermediary. The firm does not offer free consultations; prospective clients are instead invited to request a scheduled consultation to discuss a temporary support need or request. The intake line is staffed 24/7 for phone calls at (888) 437-7747, though attorney meetings themselves are by appointment. A spouse early in a divorce case who needs temporary support, or who has been served with a temporary support motion, can use a scheduled consultation to review how the guideline formula applies to their income and what documentation the application will require. That conversation typically also addresses how a temporary award may relate to the post-divorce maintenance question that the final judgment will later resolve.

Frequently Asked Questions

What is temporary spousal support?

Temporary spousal support, also called pendente lite maintenance, is support one spouse pays to the other while a divorce case is pending, calculated under the guideline formula in Domestic Relations Law § 236(B)(5-a). It addresses the period between filing and the entry of the final divorce judgment.

When does temporary spousal support end?

Domestic Relations Law § 236(B)(5-a) provides that temporary support terminates no later than the entry of the judgment of divorce, or the death of either party, whichever occurs first. Any continuing support after that point is addressed separately as post-divorce maintenance.

How is the temporary support amount calculated?

The formula in Domestic Relations Law § 236(B)(5-a) uses percentages of each spouse’s income, comparing the higher-earning “payor” spouse and the lower-earning “payee” spouse, with the specific percentages depending on whether child support will also be paid and which parent is the custodial parent. The court uses the lower of two calculated results as the guideline amount, applied up to a statutory income cap.

Can a temporary support award be different from the guideline formula amount?

Yes. Domestic Relations Law § 236(B)(5-a) allows the court to deviate from the guideline amount based on a list of statutory factors, such as the parties’ age and health, earning capacity, and the marital standard of living, provided the court states its reasoning for the deviation.

Does the payor spouse have to earn above a certain amount for the formula to apply?

The guideline formula applies to income up to a statutory cap set at a base figure in the statute, adjusted periodically and published by the Office of Court Administration. Income above that cap is addressed separately, at the court’s discretion, using the same list of statutory factors.

Is temporary spousal support the same as post-divorce maintenance?

No. Temporary spousal support under Domestic Relations Law § 236(B)(5-a) applies only while the divorce case is pending and ends no later than the divorce judgment. Post-divorce maintenance is decided separately as part of that judgment under a different subdivision of the same statute and can continue afterward.

This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

Attorney Advertising. Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

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