You may be aware that New York State adopted a statute in October regarding the calculation of temporary maintenance at the same time that the State enacted the no-fault ground for divorce. The statute provides a formula for calculating an award of temporary maintenance in the event that a litigant in a divorce action brings a motion seeking an award of support during the pendency of the action (temporary maintenance).
So, what does this mean in mediation? That is up for debate in the mediation community. Since it is an award of temporary maintenance and it is by the statute limited to court actions, it technically has no effect. In actuality, couples in mediation will either have a plan already in place for the payment of expenses during the mediation or will discuss it and reach agreement on what will be paid by whom until such time as a written separation agreement is signed. This agreement may or may not be in writing.However, I am of the opinion that knowledge of what the law provides is a good thing, even if it may not strictly apply. My policy is to speak to clients about what it means and demonstrate what the amount would be, but as of yet, I have not had clients who chose to have it apply, either temporarily or permanently.