What is spousal maintenance in a NY divorce?

There are a number of different factors that must be addressed in any divorce that occurs in New York State. Spousal maintenance, also referred to as alimony, is no different. Spousal maintenance is when one spouse is ordered to provide financial support for their ex-spouse after a divorce for a number of reasons. In a lot of situations, one spouse does not agree with what the other party deserves and it may result in a hotly contested battle in the courtroom.

Once it is determined that alimony is necessary (sometimes, it is not), the court will look at the length of the marriage to determine how long the party should be responsible for paying.

In New York, spousal maintenance can be ordered:

  • For 15 to 30% of a marriage that lasted 15 years or under
  • For 30 to 40% of a marriage that lasted between 16 to 20 years
  • For 35 to 50% of a marriage that lasted 20 years or more

The court will also take a number of different factors into consideration when assessing how much the payor should be responsible for providing to the dependent spouse. This may include the earning potential, their education, their ability to obtain work, and obligations to family members, among many other factors.

People also sometimes believe that if their spouse cheated on them, the court will award them more support. However, spousal maintenance does not work this way. This is generally not the case and your spouse’s adultery will have little impact on your divorce if any. This is only relevant if marital funds were spent on the affair.

If you have questions about alimony, contact our firm today.

Matters of divorce and family law should be navigated with the guidance of an experienced attorney. If you need strong legal representation regarding matters of divorce, family law, and estate law, contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation today.