Tuesday, April 15, 2014

NEW YORK Part 71

Any payment of maintenance in a divorce that is terminates or is reduced upon a child reaching the age of majority will normally not be considered spousal support, but will be classified as child support.

Either spouse may request maintenance as part of a divorce. In order to do so it must be requested as part of the ancillary relief requested in the pleadings. Failure to make a demand for maintenance in the pleadings may preclude maintenance from being requested at trial.


The current law for maintenance was enacted in 1980 under Domestic Relations Law Section 236-B(6). In order to distinguish old cases from the new ones, the term alimony was left for old divorce actions, while the term maintenance was adopted for new actions.

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