New York Divorce Guide

Maintenance

Q. Do New York State divorce laws allow for spousal Child custody strategiessupport or alimony?
New York laws allow the court to order alimony to a dependent spouse, in such amount as justice requires, if the dependent spouse lacks sufficient property and income to provide for his or her reasonable needs, and if the other party has sufficient property or income to provide for the reasonable needs of the other. In determining the amount and duration of maintenance the court will consider:

  • The income and property of each including marital property distributed in the divorce
  • The duration of the marriage and the age and health of both parties
  • The present and future earning capacity of both parties
  • The ability of the party seeking alimony to become self-supporting and, if applicable, the period of time and training needed to become self-supporting
  • Reduced or lost lifetime earning capacity of the party seeking alimony as a result of having foregone or delayed education, training, employment, or career opportunities during the marriage
  • The presence of children of the marriage in the respective homes of the parties
  • The tax consequences to each party
  • Contributions and services of the party seeking alimony as a spouse, parent, wage earner and homemaker, and to the career or career potential of the other party
  • The wasteful dissipation of marital property by either spouse
  • Any transfer or encumbrance made in contemplation of a matrimonial action without fair consideration
  • The court may award permanent alimony, but an award of alimony terminates upon the death of either party or upon the recipient’s remarriage
  • The standard of living of the parties established during the marriage, and
  • Any other factor which the court shall expressly find to be just and proper

Q. Is there an online calculator or way of figuring out what approximately might be paid as spousal support?
Yes, we know of at least one temporary maintenance calculator and it is supplied by NYS. Keep in mind other factors weigh in on what the permanent award eventually becomes.

[Domestic Relations Laws – Article 13 – Section 236]

share this page with friends on social media

Site AdminNew York Divorce Guide

Leave a Reply