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What New York considers when awarding spousal maintenance

On Behalf of | Apr 25, 2022 | Blog, Family Law |

When you and your New York husband or wife decide to part ways, you may question if you make enough money to support yourself without your ex. If you have serious concerns about being able to maintain the same lifestyle you enjoy now after a divorce, it may serve you well to seek spousal maintenance, or alimony, in your split.

According to the New York City Bar, New York’s family court system may decide to award you maintenance if it believes doing so is fair. When making this decision, expect the state to refer to a specific series of factors. Some of the factors that help determine if you receive spousal maintenance in a New York divorce are as follows.

Your assets and income and those of your ex

If your spouse has significantly more property or a significantly higher income than you do, the odds of you receiving spousal maintenance increase. Your own financial needs, and your former spouse’s ability to provide for those needs, both factor into decisions about maintenance.

The standard of living from your marriage

New York courts try to come up with arrangements that allow you to live a similar lifestyle to the one you enjoyed during your marriage. If you are unlikely to be able to maintain that same lifestyle on your own income, you may have a strong chance at securing spousal maintenance.

If granted spousal maintenance, there is another set of variables that helps determine how much you might receive each month. Some of these variables include the length of your marriage and where your children live, among others.



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