In Brooklyn, it is presumed that a spouse with a substantially greater income will pay maintenance to the less monied spouse, unless the parties have an agreement otherwise.
Under the law, in making an award of temporary or permanent maintenance, the Court must consider the following factors:
(1) the income and property of the respective parties including marital property distributed in the divorce;
(2) the duration of the marriage and the age and health of both parties;
(3) the present and future earning capacity of both parties;
(4) the ability of the party seeking maintenance to become self-supporting and, if applicable, the period of time and training necessary therefor;
(5) reduced or lost lifetime earning capacity of the party seeking maintenance as a result of having foregone or delayed education, training, employment, or career opportunities during the marriage;
(6) the presence of children of the marriage in the respective homes of the parties;
(7) the tax consequences to each party;
(8) contributions and services of the party seeking maintenance as a spouse, parent, wage earner and homemaker, and to the career or career potential of the other party;
(9) the wasteful dissipation of marital property by either spouse;
(10) any transfer or encumbrance made in contemplation of a matrimonial action without fair consideration;
(11) the loss of health insurance benefits upon dissolution of the marriage; and
(12) any other factor which the court shall expressly find to be just and proper.
If you or a family member are headed for divorce, give us a call at (718) 725-9601 for a free, no obligation consultation.