Spousal maintenance (often referred to as “alimony”) is the payment from one spouse to another, upon a separation or divorce, as a contribution toward his or her support. The law provides for a calculation, based on each spouse’s income, that establishes a presumptive amount of maintenance (if any) to be paid, both while a divorce is pending and following a divorce. These amounts are not necessarily the same. The law also provides for a presumptive duration of post-divorce maintenance payments, based on the length of the marriage. However, the law further provides for a deviation from these presumptions, upon appropriate circumstances, based on multiple factors that are to be taken into consideration in determining the appropriate amount of maintenance while a divorce is pending and the amount and/or duration of post-divorce maintenance.
