What is Spousal Maintenance in New York?

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Spousal Support is defined as payments to the spouse for financial rehabilitation.

The terms spousal maintenance, alimony and spousal support and are all the same thing in New York.

During a divorce proceeding, temporary spousal maintenance can be directed by the court. Temporary maintenance is only for a temporary time period prior to the divorce being completed.

Although there are exceptions, the amount that is paid is decided by a math calculation. As a general rule,  if both parties have a similar income, then no spousal maintenance will be directed by the court.

After the divorce is completed, there can also be a final maintenance directed by the court. Some of the factors the court will consider when determining final maintenance are:

  1. The standard of living the parties established during the marriage
  2. The age and health of the parties
  3. The earning capacity of the parties
  4. The need of one party to incur education or training expenses
  5. The availability and cost of medical insurance for the parties
  6. The care of the children or stepchildren, disabled adult children
  7. The need to pay for additional expenses for the children
  8. The distribution of marital property
  9. The non-financial contributions of the payee spouse

New York Spousal Maintenance Laws are complicated so you should meet with an experienced divorce lawyer – even if you think your situation will be easy or straightforward. The Underwood Law Firm is one of the few firms in the Syracuse area that offers free consultations on Divorce & Family Law so that everyone has an opportunity to speak with an experienced attorney about their case.

The Underwood Law Firm handles all aspects of divorce and family law including adoption, child custody, child support, spousal support, and separation cases in the following areas: Syracuse, Utica, Albany, Watertown, Oswego, Binghamton; Onondaga County and Madison County, including the towns, cities and villages of: Fayetteville, Manlius, DeWitt, Morrisville, Cicero, Liverpool, East Syracuse, Syracuse, Baldwinsville, Camillus, Clay, Fabius, Elbridge, Geddes, Jordan, Lafayette, Lysander, Marcellus, Minoa, North Syracuse, Otisco, Pompey, Salina, Skaneateles, Spafford, Tully, Van Buren, Eaton, Cazenovia, Canastota, Brewerton, Solvay, Central Square, Cato, Chittenango, Oneida and many other areas.

Updated: 1/02/18