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New York Family Law Monthly

April 2009

The Proper Way to Determine Spousal Maintenance

Part One of a Two-Part Article

By Carl M. Palatnik

There has been much discussion, even recent proposed legislation (See New York State Assembly Bill A10446), over whether Domestic Relations Law (DRL) § 236(B)(6)(a), the statute defining the basis and supporting factors for determining spousal maintenance awards in New York, is difficult to apply and should be replaced with a statute that uses a formula to calculate both the amount and duration of maintenance.

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