Skip to Content

Will I Receive Spousal Support?


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:

  • Length of Marriage

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.

During the ongoing COVID-19 Pandemic all our FREE 1 HOUR CONSULTATIONS areconveniently conducted virtually to reduce risk and maintain safety.

I look forward to helping you. Call me now! 212.734.551

Stay Home, Stay Healthy & Stay Safe!

Warm regards,


Lois Brenner believes every person deserves to live a happy and comfortable life, and that is why she is here to help.