Is it worth fighting for spousal maintenance in New York?

On Behalf of | Dec 7, 2021 | Uncategorized |

As someone who is going through a divorce, one of the things you should be monitoring closely is your budget. You need to sit down and determine if you can continue living on your current earnings or if you need additional support.

If you have been a stay-at-home parent or were not working at the time of the divorce, then you may be in a position where you need to seek out spousal maintenance. This maintenance could help you support yourself until you’re able to get back into a career or earn enough to support yourself. Maintenance usually isn’t permanent, but in some cases, it may be.

So, to put it plainly, it is worth seeking spousal maintenance when you need it.

New York has maintenance guidelines that help determine what’s fair

The state has guidelines in place that make it easier to determine how much spousal maintenance you may be able to get. Some of the factors that will be used to determine what you’ll get and for how long include:

  •       Your annual income
  •       Your spouse’s annual income
  •       How long you were married
  •       How much financial support you have in terms of retirement assets, retirement eligibility, and other benefits
  •       If either party needs to spend money for training or education
  •       The tax consequences of spousal maintenance
  •       If the wasteful dissipation of marital property occurred

In total, there are 15 factors that affect spousal maintenance in New York. On top of that, when you submit the maintenance request to the court, you can also add any comments that you’d like the judge to see before making a decision. Our website has more information on spousal maintenance and when it may be appropriate to seek it.