Maintenance:
A final award of maintenance can be determined only at the
conclusion of a divorce, either by trial or by settlement. If the court
decides, it will do so based on the eleven statutory factors listed in DRL
236-B(6). The court will also decide if a final award will either be for the
lifetime of the spouse, or for a fixed amount of time. Lifetime maintenance is
called non-durational maintenance, while maintenance which is for a set time is
called durational maintenance.
Domestic Relations Law provides for the circumstances under
which maintenance may terminate. Maintenance must end upon proof that the wife
is remarried, and may end upon proof the wife is habitually living with another
man.
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