No-Fault Divorce and Maintenance

Our office has received numerous calls regarding the relationship between New York’s new No-Fault Divorce Maintenance.  The March 12, 2012, Sunday edition of Newsday had an article written by Carol Polsky, which covered this very topic.  Several prominent lawyers weighed in on the affects that this new statute has had in legal practice.  It seems that everybody agrees that the No-Fault ground for divorce seems to make life easier in cases where the estranged couple has very little in the way of assets and does not have children.  The statute seems to divide attorneys on the issue of maintenance however; especially temporary maintenance.  The new formula has resulted in trial court decisions that are all over the map.  Consistency does not appear to be coming any time soon either.  With an escalating number of challenges to this statute coming before the Appellate Courts as we speak, there is much anticipation as to the direction New York will head with regards to shifting the so called “earnered spouse.”

If you are facing a divorce and have questions regarding maintenance or any other issue, feel free to call us at (516) 858-2620 to speak to a divorce attorney!