Legal Question in Family Law in New York

Not necessarily either. Spousal support is rarely awarded for a lifetime. The question of how much spousal support and for how long generally depends upon analysis of the length of the marriage, the earnings capacity of the parties and the other economic factors.

You should consult with an attorney who does matrimonial work in your area to discuss your situation. The cost of the consultation will invariably be less than the cost of making a mistake.

I read a lot of questions concerning maintenance (spousal support). The Courts generally look at maintenance on a case by case basis reviewing the factors presented under NY DRL 236B. The statute sets forth the following:

"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; (11) the loss of health insurance benefits upon dissolution of the marriage; and (12) any other factor which the court shall expressly find to be just and proper."

Mike