I’ve been speaking with a lot of spouses recently who are concerned
about whether or not they will receive spousal support. It is a fair question.
There are many issues that must be handled 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 support.
Spousal support is the money paid to a spouse following a divorce. The
amount and length of spousal support is determined after assessing numerous
factors, including the following:
In most cases, a longer marriage will result in a larger spousal support
award, if one is awarded. 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 current status of the spouse seeking maintenance and their ability
to be self-sufficient will be assessed. 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 it is determined that the spouse seeking spousal support can become
self-supportive after obtaining employment or an education, spousal support
may be awarded for a specific amount of time.
If you are thinking of divorce and worried about spousal support, call
me. I will answer all your questions and provide you with some calculations
as to what you may be entitled to.
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