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Spousal Maintenance

Experienced New York Alimony & Spousal Support Attorneys

Berkman Bottger Newman & Schein LLP is a boutique family law practice based in midtown Manhattan and serving the greater New York area. Our attorneys assist clients in all matters related to divorce, including pre-divorce spousal maintenance and post-divorce spousal support determinations.

Alimony in New York – Spousal Maintenance

Spousal maintenance, previously called alimony in New York, is the legal term for money one spouse or former spouse may be required to pay the other spouse after divorce. While spousal maintenance may be set for life, it is generally awarded for a specific period of time. To determine the amount and duration of a maintenance award, courts consider these factors:

  • The income and property of each spouse, including each spouse’s share of the marital property as divided by the court
  • The length of the marriage
  • The age and health of the parties
  • The present and future earning capacity of both spouses
  • A spouse’s need to incur training or education expenses
  • The existence and duration of a joint household before marriage or separate households before divorce
  • Acts by one spouse against the other that inhibit the other’s earning capacity or ability to get a job
  • The ability of the party seeking maintenance to become self-supporting, and the time and training it will require
  • Whether the spouse seeking maintenance has reduced or lost lifetime earning capacity as a result of having forgone or delayed education, training, employment, or career opportunities during the marriage
  • Where the children live
  • Whether a spouse’s earning capacity is inhibited by ongoing care of children, stepchildren, adult children with disabilities, or elderly parents or in-laws
  • Whether one spouse will have trouble finding work due to age or absence from the workforce
  • Exceptional, additional expenses for the children
  • The tax consequences to each party
  • The equitable distribution of marital property
  • The contributions and services of the party seeking maintenance as a spouse, parent, wage earner, homemaker, and to the career or career potential of the other party
  • The wasteful dissipation of marital property by either spouse
  • Any transfer or encumbrance made in contemplation of a matrimonial action without fair consideration
  • The loss, availability, and cost of health insurance
  • Any other factor that the court expressly finds just and proper

Spousal Support in New York – Temporary Spousal Maintenance

If spouses are in the midst of divorce, a spouse who earns less than his or her spouse may be eligible for temporary spousal maintenance, or spousal support, while the divorce case continues. A law was passed in 2010 that provides a formula and factors for courts to consider in calculating temporary spousal maintenance, with many of the factors the same as or similar to those determining spousal maintenance after a divorce. The divorce lawyers at Berkman Bottger Newman & Schein LLP can ably assist clients in temporary spousal support and post-divorce maintenance matters.

Contact Experienced Divorce Lawyers Familiar with Alimony in NY

If you are facing divorce and need assistance with spousal support, the New York family law attorneys at Berkman Bottger Newman & Schein LLP can provide the legal advice and counsel you need. Please contact the firm at 212.867.9123.