There are many issues that must be handed when a couple decides to file for
divorce. One issue that many divorcing couples are forced to deal with during
the divorce process includes spousal maintenance, which is the money paid
to a spouse following a divorce. The amount and length of spousal maintenance
is determined by the court after the court has assessed numerous factors,
including the following:
· Length of Marriage
In most cases, a longer marriage will result in a larger spousal maintenance
award, if one is awarded by the court. This can increase if the requesting
spouse stayed home with a child, during the marriage, and has therefore
earned less that the other spouse.
· Health and Age of Spouses
If a spouse is older or is experiencing health issues, they may be awarded
a larger spousal maintenance award. Courts may evaluate this form of maintenance
by assessing medical records and other information.
· Property and Income of Both Spouses
New York state courts will consider the various properties owned by each
spouse. If the spouse seeking maintenance is to receive a significant
amount of the marital property, the spouse seeking maintenance may receive
a smaller award.
· The Future and Present Earning Capacity of Each Spouse
The court will assess the current status of the spouse seeking maintenance
and their ability to be self-sufficient. If that spouse is able to obtain
education or employment to become self-supporting, maintenance may be
provided for a shorter period of time.
· Training or Education Costs a Spouse May Need to Live Comfortably
If the court determines that the seeking spouse can become self-supportive
after obtaining employment or an education, they may only award spousal
support for a specific amount of time that allows the seeking person to
obtain such. Additionally, the court may consider the amount that an education
or training will cost when determining the amount of the spousal maintenance award.
· Equitable Distribution of the Couple’s Marital Property
In New York, courts ensure that marital property is separated equitably.
This means that each spouse may not receive exactly half of the assets.
So, if one spouse is awarded the marital home, that spouse may be responsible
for paying maintenance to pay off the other spouse’s home equity.
Lois Brenner, Esq. Is Here for You
If you and your spouse are contemplating divorce and would like legal guidance
regarding spousal support or spousal maintenance, we invite you to get
in touch with
our New York divorce lawyers at Lois Brenner, Esq. as soon as possible! We can examine your circumstances
and determine which legal approaches can help you obtain positive results
in the shortest amount of time possible. We believe every person deserves
to live a happy and comfortable life, and that is why we are here to help.
To discuss your current situation,
contact a New York divorce attorney from our firm today!