Legal Question in Family Law in New York

Re: divorce,housewife alimony

In New York alimony is called maintenance. It is entirely different from child support which is paid to help raise the children. In a long marriage where the wife has not worked and cannot realistically be expected to work she may be entitled to maintenance, which might be paid for a defined number of years or might be payable for life. It depends on the specific circumstances which we would have to discuss. Jeremy Morley

Re: divorce,housewife alimony

Alimony in NY is called maintenance. NY DRL section 236 lists the determining factors for maintenance. The statute sets forth the following:

(a) ... In determining the amount and duration of maintenance the court shall consider:

(1) the income and property of the respective parties including marital property distributed pursuant to subdivision five of this part;

(2) the duration of the marriage and the age and health of both parties;

(3) the present and future earning capacity of both parties;

(4) the ability of the party seeking maintenance to become self-supporting and, if applicable, the period of time and training necessary therefor;

(5) reduced or lost lifetime earning capacity of the party seeking maintenance as a result of having foregone or delayed education, training, employment, or career opportunities during the marriage;

(6) the presence of children of the marriage in the respective homes of the parties;

(7) the tax consequences to each party;

(8) contributions and services of the party seeking maintenance as a spouse, parent, wage earner and homemaker, and to the career or career potential of the other party;

(9) the wasteful dissipation of marital property by either spouse;

(10) any transfer or encumbrance made in contemplation of a matrimonial action without fair consideration; and

(11) any other factor which the court shall expressly find to be just and proper.

b. In any decision made pursuant to this subdivision, the court shall set forth the factors it considered and the reasons for its decision and such may not be waived by either party or counsel.

c. The court may award permanent maintenance, but an award of maintenance shall terminate upon the death of either party or upon the recipient's valid or invalid marriage, or upon modification pursuant to paragraph (b) of subdivision nine of section two hundred thirty-six of this part or section two hundred forty-eight of this chapter.

d. (Added, L 1992) In any decision made pursuant to this subdivision the court shall, where appropriate, consider the effect of a barrier to remarriage, as defined in subdivision six of section two hundred fifty-three of this article, on the factors enumerated in paragraph a of this subdivision.

Re: divorce,housewife alimony

Unlike Child Support, there are no "Guidelines" for maintenance. The court will determine maintenance upon considering the relative financial ability and financial need of both spouses.

The concept of maintenance is rehabilitative. It is intended to give the non-titled, dependent spouse an opportunity to get on her feet.

You should consult with an experienced matrimonial attorney, where the facts of your case can be discussed.

For more information, please visit my web site:

www.BravermanLawFirm.com