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Spousal Support (Maintenance)

When a spouse sues for separation or divorce (whether contested or uncontested), a judge will distribute the property accumulated during the marriage in a fair and equitable manner. As part of the process, the judge will consider any request to make an order that one spouse support the other financially during and after the separation or divorce. The parties are free to come to their own determination of a maintenance award, but if they cannot agree, the court will make the decision.

Traditionally, this support was called alimony, and in one-income families, the order was routine. Today, the decision is more complicated, as more often than not, both spouses earn an income. But a judge will still determine whether to order payment by one spouse to the other. The judge can order payments to: one spouse till they die or remarry, over a set period of time or in a lump sum.

What is compulsory financial disclosure in a divorce action?

How will a judge decide whether to award maintenance?

What factors is a judge required to take into account when coming to a conclusion on both the amount and duration of an award of maintenance?

Can a judge's maintenance award be modified later?

If my former spouse and I established a maintenance award as part of a stipulation of settlement, can the award be modified?

What happens if the person receiving post-divorce maintenance remarries or dies?

What if my former spouse refuses to pay the required maintenance?

Can I enforce a maintenance order after my former spouse has moved from New York State?

I want to request spousal support:

  • Determine your net worth.
  • Determine your spouses' net worth.
  • Consult with an experienced matrimonial, divorce or family lawyer.

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