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What does New York consider when awarding spousal support?

On Behalf of | Jul 7, 2020 | divorce | 0 comments

Leaving a marriage and embarking on life on your own is often stressful, and you may find it particularly anxiety-inducing if you have fears about how to support yourself. If you sacrificed your education or professional career for the sake of your spouse or family, you may wish to pursue spousal support.

What factors does New York consider when making decisions about spousal maintenance, and how long might you expect to receive it, if awarded it?

Spousal maintenance considerations

Many considerations come into play when the state decides whether to award you spousal support. How much income or property you and your ex have should undergo consideration, and so, too, should the age and health of you and your former spouse.

If you are older or in poor health, for example, the state may be more inclined to offer you maintenance, because it may be difficult for you to make a living on your own. Other factors that often come into play in these situations include the length of your marriage and whether one party in the marriage hindered the other’s earning potential due to abuse or something similar.

The standard of living enjoyed by you and your ex during your marriage is also often a determining factor in whether you receive spousal support. When possible, the state seeks to help divorced individuals maintain a similar lifestyle to that which they enjoyed during the marriage.

Duration of spousal maintenance

Once a New York court awards you spousal support, how long you should expect to receive it may vary. It automatically ends if your former spouse passes away, or if either of you remarries. The two of you may also agree upon a date when the spousal support obligation automatically ends.