David R. Addelman PC

Domestic Relations Law 236B (5)

Marital property is generally defined as property acquired by one or both spouses during the marriage and before the execution of a separation agreement or the commencement of a matrimonial action, regardless of the form in which title is held.

Separate property is generally defined as property acquired before the marriage; property acquired by inheritance or by gift from someone other
than the spouse whether before, or during the marriage; compensation received for a personal injury; property acquired in exchange for separate
property; and property designated as separate by written agreement of the parties.

Marital property is typically divided in an equitable (fair) manner, by agreement of the parties, or, if there is no agreement, by order of the Court after a hearing.

Maintenance is also referred to as alimony. Maintenance may be granted to the non-wage earning or lesser wage earning spouse upon consideration of the following factors.  Maintenance, unlike child support, is not based on a mathematical formula:

• Income and property of the parties, including property distributed.
• Duration of marriage and health of both parties.
• Present and future earning capacity of both parties.
• Ability of party seeking maintenance to become self-supporting, and the period of time and training that will be necessary.
• Reduced or lost lifetime earning capacity of party seeking maintenance as result of having foregone or delayed opportunities during marriage.
• Presence of children of marriage in homes of parties.
• Tax consequences to the parties.
• Contributions and services of party seeking maintenance.
• Wasteful dissipation of marital property by either spouse.
• Transfer made in contemplation of matrimonial action without fair consideration.
• Any other factor that the court finds to be just and proper.
  

There are tax consequences to paying or receiving maintenance which are quite different from child support.

The information you obtain on this site is not meant to be relied on as legal advice.  You should consult an attorney for individual advice concerning your particular situation.

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