Skip to Content

Am I Entitled to Spousal Support?


As a divorce attorney and mediator I hear this question all the time.

Spousal support can be a little tricky. Did you know spousal support is not guaranteed? Did you know spousal support (alimony) can be paid by husbands or wives?

The purpose behind alimony is to provide support for a period of time and/or allow a spouse with significantly less income to maintain a lifestyle similar to the one they enjoyed during the marriage.

Many factors are considered when determining whether you are entitled to spousal support. Some of them are:

  1. income and property of the couple;
  2. length of the marriage;
  3. age and health of both parties;
  4. earning capacity of the couple;
  5. presence of children of the marriage;
  6. distribution of marital property;
  7. the wasteful dissipation of assets;
  8. and other considerations named in the statute.

The spouse receiving spousal support is generally expected to become self-supporting at some point.

New York State now has guidelines used by Judges and lawyers to help determine the amount and length of spousal support.

With over 35 years as a divorce attorney and mediator I have helped many spouses get the spousal support they need. I can help you too.

Particularly in the mediation process there can be room for negotiation. Sometimes a couple will agree that instead of paying or receiving support, there will be a lump sum property settlement, which has different tax implications.

Call me if you would like to get an estimate of what your spousal support might be. I will be happy to do those calculations for you.

During the ongoing COVID-19 Pandemic all our FREE 1 HOUR CONSULTATIONS are conveniently conducted virtually by telephone or TeleDivorce by Zoom or Skype to reduce risk and maintain safety for everyone!

Call me, New York Divorce Lawyer, Lois Brenner now to book your free consultation. 212.734.1551

I look forward to going over the details of your spousal support.

Stay Healthy & Safety!

Warm regards,