Since the 1960s, New York’s spousal support statutes have changed substantially. From 1962 until 1980, former Domestic Relations Law (DRL) §236 (added L.1962, c. 313 §10) was the controlling statutory provision regarding alimony awards which were predicated upon the public policy that a spouse was entitled to be supported in accordance with “standard of living of the parties established during the marriage” where it was economically feasible. Alimony was awarded to faithful wives, not husbands. A wife found guilty of grounds for divorce was denied alimony. Property distribution was governed by the common law rules of property.

On July 19, 1980, the Equitable Distribution Law was enacted and it did away with the common law property rules. For the first time in New York history, marital property was equitably distributed. Alimony was replaced with “maintenance.” DRL §236(B)(6); Laws of 1980, Ch. 281, eff. July 19, 1980). The public policy behind maintenance awards was that it was geared to “reasonable needs” and the ability to pay. However, DRL §236(B)(6) was amended in 1986 to remove the “reasonable needs and ability to pay” basis for maintenance and to substitute the former test of “standard of living of the parties established during the marriage.” Laws of 1986, Chapter 844.