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Divorce Cases Are Complicated by New Maintenance Rules

By Joel Stashenko

A new system for calculating interim maintenance awards in matrimonial actions, adopted last year to make no-fault divorce more palatable, is under fire from many attorneys who say it is confusing, and potentially inequitable.

There are three new sections in the Domestic Relations Law (DRL) that have made significant changes in the divorce process. Section 170(7) added a new ground for divorce, permitting the action if one party declares that a marriage “has broken down irretrievably” for at least six months. All economic, property distribution, and child custody and visitation issues between spouses must be resolved before a divorce can be granted. Section 236B(5-a) established a formula for courts to apply when determining trmporary maintenance for spouses with significantly less income than their partners. It also expanded factors cours must consider when deciding permanent post-divorce maintenance. Section 237(1) created the rebuttable presumption that “counsel fees shall be awarded to the less monied spouse” in a divorce action.

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