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What New York considers when awarding spousal maintenance

On Behalf of | Oct 29, 2021 | Spousal Support

When you decide to seek spousal maintenance in a New York divorce, many aspects of you and your ex’s life fall under the microscope. Different factors determine if you receive spousal maintenance, and, if so, how much you might receive and for how long.

According to the New York City Bar Association, if the state awards you maintenance, it does so because you may need time to establish financial independence after relying on your partner for the duration of your marriage.

What determines if you receive maintenance

The judge on your case typically takes into account the standard of living you came to know during your marriage when deciding if you should receive spousal support. The judge also considers whether you have a genuine need for maintenance based on property, income and similar factors. Whether your spouse has the means to provide it is also a key consideration.

What determines the amount and duration of maintenance

How much spousal maintenance you might receive – and how long you might receive it – depends on certain variables. The length of your marriage is often a determining factor. Your age, health and earning capacity also come into play, as do those of your former partner. Whether you stayed home to raise kids while your spouse worked outside the home may also play a role in spousal maintenance decisions, as does where any children you share are going to live.

If the court does decide to award you spousal support, you may receive it until one of you dies or remarries. The court may also give you a specific date at which your former spouse’s maintenance obligation ends.

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