THE IMPORTANCE OF FINANCIAL INDEPENDENCE DURING THE MARRIAGE. is critical to the survival of the parties during a divorce. New York Domestic Relations Law provides for pendente lite (pending litigation) maintenance for the non-monied spouse and child support for the Residential Parent (with whom the children are residing). The financial relief ordered by the Court is not immediate, is not guaranteed to be sufficient as the amount is determined by the Court, and is subject to the resistance or refusal of the monied spouse especially if he or she is self employed. The financially damaging effects of divorce can be minimized if both parties are working. I caution stay at home spouses to get back into the work force or to go back to school
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