PENDENTE LITE SUMMARY
TRUSTED NEW YORK DIVORCE ATTORNEY
“Pendente Lite” is temporary maintenance. Like in many other states, it is awarded in New York, like spousal support, during the course of a divorce. Because the divorce process can be long, costly, and uncertain, the court understands that a certain status quo should be maintained until more long-term support decision can be made. To ensure this, temporary maintenance is awarded to financially-dependent spouses.
If you are facing a divorce and would like to petition for temporary maintenance, then we invite you to contact us at Brian D. Perskin & Associates P.C. today. Our dedicated and compassionate New York divorce lawyers have countless times helped our clients received the support they need to persevere during this difficult time. Get in touch with us today to learn about your Pendente Lite options.
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HOW IS TEMPORARY MAINTENANCE DETERMINED?
Starting October 25, new standards will be applied to determine temporary maintenance. Previously, this was largely up to the court’s discretion. Now there will be new formulas and policies used to calculate Pendente Lite.
The new laws state:
- There will be a $175,000 income cap for all considerations.
- Household (or shared) expenses can be divided between the two parties.
- Two new formulas will be used. From the sponsor’s memo:
- When the maintenance payor will also pay child support: (i) subtract 25% of the maintenance payee’s income from 20% of the maintenance payor’s income; (ii) multiply the sum of the maintenance payor’s income and the maintenance payee’s income by 40% and subtract the maintenance payee’s income from the result; (iii) the lower of the two amounts will be the guideline amount of maintenance;
- When the maintenance payor will not pay child support: (i) subtract 20% of the maintenance payee’s income from 30% of the maintenance payor’s income; (ii) multiply the sum of the maintenance payor’s income and the maintenance payee’s income by 40% and subtract the maintenance payee’s income from the result; (iii) the lower of the two amounts will be the guideline amount of maintenance.
Temporary maintenance can be key for securing peace of mind and providing a sense of normalcy and continuity during a stressful and disheartening time. If you are facing a divorce and want to pursue temporary maintenance, retain lawyers capable of properly advocating for your needs.
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For more information about how our office can help with your divorce matter, please contact a New York divorce attorney from our firm to receive our comprehensive legal support.
Call 718.875.7584 to learn more information about our services