There are two (2) periods of time when either spouse may receive Court-ordered spousal support.
- Under Domestic Relations Law §236(B)(5-a), a spouse may receive temporary maintenance after an action has been commenced for separation or divorce, but prior to a judgment of divorce. A written application for temporary maintenance is usually brought at the beginning of the case by way of Order to Show Cause (also referred to as a motion), and the other party then submits answering papers. The time an application is brought, until a written decision by the Court is typically about two (2) months.
- Under Domestic Relations Law §236(B)(6), a spouse may receive a final maintenance award for a fixed duration of time following a judgment of divorce, however, under certain circumstances the Court may Order non-durational maintenance.