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Spousal Support in New York
Westchester Divorce and Family Law Attorneys
Spousal support, or maintenance are payments the spouse with the higher amount of earnings pays to the spouse with the lower earnings. It is meant to help the lower-earning spouse maintain the standard of living both individuals enjoyed during the marriage.
The Westchester Family Court may order spousal support to a married individual by filing a petition against their spouse. In a divorce action or in accordance with a separation agreement, the New York Courts will consider spousal support.
Spousal support can be ordered for a limited number of years or in some instances for an indefinite period of time.
Factors Considered Under NY Law
The factors that Courts consider in determining spousal support are set forth in the New York Domestic Relations Law and include:
- The parties’ standard of living.
- The income and property of the parties, including marital assets awarded during equitable distribution.
- The duration of the marriage and the age and health of the parties.
- The present and future earning capacity of both parties.
- The ability of the party seeking maintenance to become self-supporting, including time and training necessary.
- The presence of children of the marriage.
- The tax consequences to each party.
- The contributions of the party seeking maintenance as a spouse, parent, wage earner, or 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 divorce.
- Any other factor that the court expressly finds just and proper.
Temporary maintenance can also be awarded during the pendency of the divorce action and proceedings.
Can Spousal Support Be Awarded Outside of Divorce?
Yes. A party or spouse can file a petition in the Family Court seeking spousal support. There is no need for the parties to file a divorce action or have a separation agreement.
How Will Bankruptcy Impact Spousal Support?
No. Spousal support is not dischargeable if an individual files for bankruptcy.
Spousal Support in Westchester Divorce & Family Law Matters
Since every situation is unique, we realize that part of our role is to help you understand the many issues and concepts involved when one spouse files for spousal support as part of divorce or in Family Court. At Riebling & Payton, PLLC, we pride ourselves on doing this for our many divorce and Family Law clients. With offices located in White Plains, NY and Mount Kisco, NY we are prepared to meet with clients throughout Westchester County.
Contact us online or call (914) 712-6878 to schedule your free initial divorce consultation.