How is spousal maintenance determined in New York?

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How is spousal maintenance determined in New York?

One of the common factors of concern in any divorce is whether one of the spouses will be subject to receive spousal maintenance payments. Determining spousal maintenance in New York State always depends on the number of years that the couple was married. In addition, it is also important to be aware that spousal maintenance is not actually awarded in all situations because in some cases, it is just not necessary.

If both spouses are financially stable enough to support themselves after a divorce, there may not be a need for a spousal maintenance agreement. Spousal maintenance is usually a temporary situation and may be terminated when both spouses can support themselves.

For marriages in New York, the schedule of spousal maintenance is as follows:

  • A spouse in a marriage that lasted 15 years or less would obtain maintenance for 15-30% of the length of the marriage.
  • A spouse in a marriage that lasted 16-20 years would receive maintenance for 30-40% of the length of the marriage
  • A spouse in a marriage that lasted 20 years or more would receive maintenance for 35-50% of the marriage.

So, if you were married for 25 years and maintenance was awarded, you may receive maintenance payments for between 8 years and 9 months and 12 years and 6 months. Of course, it depends on a number of factors to see whether you are even eligible for a spousal maintenance award.

Contact our firm today if you have questions about obtaining spousal maintenance in a divorce.

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