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The New Temporary Maintenance Guidelines

By Karen M. Platt and Alton L. Abramowitz
March 22, 2011

The year 2010 saw a sudden and unexpected interest by the legislature in the reform of New York's Matrimonial Law. In mid-October, three important changes took place: New York joined the ranks of no fault divorce jurisdictions; equivalent counsel fees for the non-moneyed spouse became the “law of the land”; and temporary maintenance formulas provided the latest wrinkle in divorce litigation. Much has been written and said about the statute enacted this past year regarding temporary maintenance awards (DRL ' 236B(5-a)) and much criticism has been offered of the new law and its shortcomings. Practically speaking, for the moment, we need to live with the statute in its current form. To that end, following is a user guide to the new statute.

The Temporary Maintenance Formula

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