Legal Question in Family Law in New York

Divorce/Spousal Support

My wife and I were married a year ago. We lived together for two months but shortly after seperated and have been apart since. When I met her, she was (and still is) unemployed. Is she entitled to spousal support? What determines the amount of spousal support one pays?


Asked on 10/21/03, 3:40 pm

3 Answers from Attorneys

Louis Venezia Law Offices of Louis Venezia at Union Square, P.C.

Re: Divorce/Spousal Support

Considering the short duration of the marriage it is not likely that a court will award support.

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Answered on 10/21/03, 3:44 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Divorce/Spousal Support

My sympathies for your lost marriage. Its always hard, no matter how long or how short.

On the legal side, the court will place great importance on the length of the marriage to determine maintenance and other 'equitable' issues. While the short duration is a very strong point for no maintenance, I (like any capable lawyer) must probe more deeply. Did you live together before the marriage?

Her lawyer may argue that the time living together should be included in the duration of the marriage. Then the specific facts of your relationship become important. Every case is different.

But, if you did not live together, you are in good shape on this issue.

You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first. (646)591-5786 or (718) 729-2029

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Answered on 10/21/03, 4:52 pm
Seth Kaufman Seth M. Kaufman

Re: Divorce/Spousal Support

Are you sure that you are thinking about spousal support, and not maintenance? They are different remedies provided for in different statutes, namely, the DRL and the FCA. Feel free t call me at 212-367-9167 to discuss this further. I do not charge a fee for the initial consultation.

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Answered on 10/22/03, 12:00 am


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