Legal Question in Family Law in New York

Re: Spousel Support with no children

You may be entitled to spousal support. Whether it is awarded depends upon the difference in your income, your expected standard of living, your need for support, your ability to be self supporting, and a number of other factors. You can apply to Family Court for spousal support without seeking a divorce. If he has a pension that is increasing in value, you might want to consider waiting to obtain a divorce. On the other hand, if you have a pension or other assets that are increasing in value (like the mobile home that he has not paid towards) you might want to consider seeking a divorce now to cut off his interest in those assets. If you want to pursue a divorce, you will need to go to Supreme Court.

Re: Spousel Support with no children

The earlier response makes good mention of considerations and available approaches.

Even in circumstances where there are few, or limited, assets, these issues can become complex and it is important that you try to get an understanding of how these things may "play out".

You should give serious consideration to contacting the local bar association in the county where you reside to learn if they have an attorney referral program.

You should be able to arrange, through that service, an initial consultation with an attorney experienced in the issues for a small expense - - and with no obligation.

You would be well advised to avail yourself of an opportunity to sit down with such an attorney to ask your questions and hear some answers.

Regards, etc.,

J. M. Hayes

>>--> The foregoing amounts to musings and observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General sense; my remarks should not be thought of as "legal advice and counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <-<<