New York’s Temporary Maintenance Statute Will Not Be Revised This Year

June 17, 2012
Louis Sternberg

In 2010, New York State passed legislation providing no fault divorce and also created a formulaic system for determining awards of temporary maintenance (alimony).  The formula was intended to create uniformity in awards of temporary maintenance during the pendency of the divorce but it has created tremendous problems for litigants, attorneys and judges.

As reported by Sophia Hollander for the Wall Street Journal, attempts to revise the law have been slowed because of late reports from groups such as the New York State Law Revision Commission.  The legislature’s session ends June 21 and temporary maintenance will not be addressed before that time.

Other organizations such as local bar associations and the New York State Bar Association have also stated that they intend to offer formal evaluations of the law but drafting reports that sufficiently document all of the flaws of the new law has taken longer than expected.