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Spousal Support / Maintenance in New York

Our Attorneys Serve Long Island, the City of New York, & Westchester County

If spousal support may be an issue in your divorce, it will prove helpful to speak with a divorce lawyer from our firm. Spousal support commonly referred to in New York as maintenance and also known as alimony, can be awarded to the party who has a lower earning capacity. In no way is spousal support ever determined by the spouse's gender. In many circumstances, one individual will be the primary financial provider during the course of the marriage and may be required to maintain that role during the divorce proceedings and after the divorce has been finalized. Individuals involved in a high net worth case may especially require the assistance of our lawyers to ensure that spousal support issues are handled appropriately and fairly.

Factors Used to Determine Spousal Support/Maintenance Orders

The party with fewer assets or lower earning capacity may require an award of spousal support which is paid with the intention of assisting the recipient spouse to meet his/her needs until they can become self-supporting. Whatever the circumstances of your family, the purpose of spousal support is to ensure that neither party is left struggling financially. There are different factors considered by the court to determine who will receive support, how much support will be paid and for what period of time support will be paid. The factors that are typically used by the court to determine spousal support include, but are not limited to:

Each party's ability to maintain the previous standard of living;

  • Each party's health, age and mental capacity;
  • The presence of children in the marriage;
  • Whether a party sacrificed career opportunities during the course of the marriage;
  • Needs of each party determined by their standard of living;
  • Ways in which one party contributed to the other's education or career.

If you have been asked to pay spousal support to your spouse or if you require spousal support from your spouse, our attorneys will be by your side throughout the entire process to aggressively protect your rights.