Are you entitled to spousal maintenance?

Divorce can often inspire feelings of betrayal and a desire to exact revenge on the offending spouse. However, while many may believe that an ex spouse is entitled to spousal support, the reality is that no such entitlement exists.

What does the court consider in awarding spousal support?

Spousal support in New York is not automatic and is decided on a case-by-case basis. The family court may order either party to provide support, whether temporary or permanent.

In determining spousal support, the family court takes many factors into consideration, including:

  • Each spouse’s income and property, including distributed marital property
  • The duration of the marriage
  • The age, physical and emotional health of each spouse
  • The present and future earning capabilities of both spouses
  • The ability of the spouse seeking support to become self-supporting
  • The existence of reduced/lost earning capacity of the supported spouse because he or she gave up or delayed education or employment during the marriage
  • Parental responsibilities for any minor children
  • Whether either spouse has wasted the marital assets
  • Each spouse’s earning capability, education, and employability
  • The length of absence of either spouse from the job market
  • Parental and caregiver responsibilities for the children
  • The financial and non-financial contributions of each spouse to the marriage
  • The tax consequences to each spouse
  • Any other factor that the court deems relevant

Talk to a NY divorce attorney about spousal support

Many factors go into determining spousal support. And today’s economical conditions can make spousal support a more challenging issue. An experienced NY support attorney can help you determine what factors are relevant in your spousal support case and guide you through the process. Contact a NY divorce attorney to discuss your spousal support matter.

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