When to use temporary or rehabilitative spousal maintenance?

Temporary or rehabilitative spousal maintenance is payable for a temporary period of time to one spouse following a divorce to help that spouse get in a position…

When does a temporary maintenance order expire?

Temporary maintenance orders no longer automatically continue until they terminate. The Court now has the authority to set a duration to temporary maintenance based on length of marriage. Temporary maintenance automatically terminates upon death of either party or when the judgment of divorce is granted.

How to file a motion for temporary support?

Either spouse may request temporary maintenance by making a motion for temporary support pursuant to DRL 236 B (5-a). For any motion seeking maintenance, additional requirements are found in 22 NYCRR 212.16 (k) which in order for the motion to be considered.

How is pendente lite maintenance calculated in domestic relations law?

Following the revisions to pre-trial maintenance, pendente lite maintenance is now called temporary maintenance, and is calculated by a combination of various formulas found in Domestic Relations Law 236 B (5-a). Either spouse may request temporary maintenance by making a motion for temporary support pursuant to DRL 236 B (5-a).

When to file a temporary spousal maintenance motion?

Temporary maintenance motions are made either by order to show cause or notice of motion, and are normally decided only upon the motion papers alone.

How is spousal maintenance modified in MN statutes?

Subd. 6. Cohabitation. (a) Spousal maintenance may be modified pursuant to section 518A.39, subdivision 2, based on the cohabitation by the maintenance obligee with another adult following dissolution of the marriage. The modification may consist of a reduction, suspension, reservation, or termination of maintenance.

Can a maintenance order be modified due to cohabitation?

The modification may consist of a reduction, suspension, reservation, or termination of maintenance. In determining if maintenance should be modified due to cohabitation, the court shall consider:

How can I Change my spousal support order?

But if the spouses or domestic partners cannot agree on the change, the spouse or partner wanting the change must file a motion with the court asking for a “modification” of the spousal/partner support amount. IMPORTANT! Unless the judge signs a new court order, the existing spousal or partner support amount and order will not be changed.