Does the time after the commencement of the divorce count towards the length of the marriage? For a One year marriage, and a Three year divorce where the spouse has been paying temporary support, would the judge base spousal support on one year or three years ? Does the temporary support count for anything?The spouse recently began a near minimum wage job and there is a child
Temporary Spousal Support (i.e., until final determination of the court) is governed by DRL Section 236(B). The court does have some discretion to deviate from that, however, based on factors set forth in the statute. On a permanent basis, however (after a final order or agreement of the parties), spousal support is generally intended to be rehabilitative, to allow the lower income spouse to transition into single life. When you are talking about a marriage that only lasted one year prior to commencement of the action for divorce (which is what it sounds like you are saying), then yes, the judge would likely take into account the temporary support paid.
The "length of the marriage" is usually considered to be from the beginning of the marriage to the filing of papers for divorce or in some cases separation. Temporary support counts.
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The chances of having to pay maintenance after a one year marriage are very slim to non existent. While you are required to pay maintenance during the pendency of the action, afterwards is completely different.
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