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In Divorce And Other Family Law Matters

Who qualifies for spousal maintenance in New York?

On Behalf of | Feb 5, 2025 | Spousal Maintenance |

Spousal maintenance is financial support from one spouse to the other after a divorce, allowing them to meet their expenses and maintain a standard of living similar to what they were used to during the marriage.

Spousal support isn’t automatically granted in every New York divorce, as not everyone qualifies for it. The court considers various factors before making a decision. Here’s an overview of how spousal maintenance works to help you better navigate the process.

The law in New York

As mentioned, the amount and duration of spousal maintenance is determined on a case-by-case basis. Some of the factors the court considers include:

  • Each spouse’s income and financial need: One spouse must have demonstrated financial need while the other should have the ability to pay. 
  • Standard of living: If the spouse requesting maintenance can’t maintain the same standard of living post-divorce without support, they may be eligible.
  • Age and health: Each spouse’s age and health also play a role in spousal support decisions. You might qualify for support if you cannot work due to health issues or are nearing retirement.
  • Length of the marriage: The longer you were married, the more likely spousal maintenance will be awarded.
  • The tax consequences to each spouse

It’s worth highlighting any other relevant factors present in your case. For instance, if your spouse wasted marital assets in the lead-up to the divorce or transferred ownership or marital property as an underhand tactic to shortchange you, the court can consider such things when determining the amount of spousal support.

If you believe you have a case to receive or not pay spousal support, learning more about how everything works and seeking the necessary legal guidance can help provide valuable insights into your options while safeguarding your rights and options.