What New York considers when awarding spousal maintenance

Posted by Lauren S. CohenDec 31, 20210 Comments

When you split from your spouse in New York and question whether you have the means to be financially independent, you may decide to pursue spousal maintenance in your divorce. New York's courts refer to a specific set of variables when deciding whether to award you spousal maintenance in your split and if so, how much to award and for how long.

Per the New York City Bar, the following criteria help determine if you receive spousal maintenance.

What determines if you receive maintenance

Some of the factors New York courts look at when deciding whether to award spousal maintenance are the standard of living you had during your marriage and your ability to maintain it on your own. In considering this, courts may reflect on whether you have enough income and property to support yourself and whether your former partner has enough income and property to support your “reasonable needs.”

What determines the amount and duration of maintenance

Many different factors help determine how much spousal maintenance you might receive in your divorce and how long you might receive it. How long your marriage lasted is often an important consideration. Your age, physical condition and degree of employability may also fall under the microscope, as may those of your ex.

Whether you made sacrifices for the sake of your family may also help determine if you get spousal maintenance when your marriage ends. Whether you or your ex also care for other family members may also come into play, among other considerations.

Should you receive spousal maintenance in your split, it may end when certain circumstances come to fruition. These circumstances include the death of either of you, your own remarriage, or the arrival of a predetermined date agreed upon by you and your ex or a judge.