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Spousal Support in New York

When a couple splits up, one of the major areas of dissension that must be addressed is spousal support, which is also often referred to as maintenance or alimony. Marriages of a very short duration generally do not involve an award of spousal support. The requirement that one spouse pay the other spousal support, whether on a temporary or permanent basis, must be either agreed to by the parties or decided by the court.

Spousal support can be ordered for:

  • Mortgage payments
  • Interest payments
  • Insurance
  • Taxes
  • Repairs
  • Costs of maintaining a residence

When making a decision about the duration of and the amount of support, the court considers the following:

  • Income and property
  • How long the marriage lasted
  • Age and health of each spouse
  • Ability of each spouse to earn wages
  • Ability of the spouse who desires support to become self-supporting
  • Whether the party seeking support has a reduced earning capacity due to having foregone employment or education
  • Whether there are any children and where they live
  • The tax consequences of a support order
  • Whether the party seeking support contributed to the career or provided services to assist the other party in a career
  • Whether either party has wasted marital property or transferred property without fair consideration in anticipation of divorce proceedings
  • Any other important facts

Our divorce lawyers are available to discuss your situation. We provide aggressive representation for all divorce and family law matters.

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