Spousal Support FAQ

Frequently Asked Questions About Spousal Support

New York State Alimony And Spousal Maintenance Laws — What You Need To Know

The following are frequently asked questions about spousal maintenance (formerly called alimony), as it pertains to New York law:

What is spousal maintenance?

Spousal maintenance refers to the ongoing monetary support provided by one spouse to the other, either during or after a separation or divorce.

What do I need to know about new marital reform laws?

Essentially, the new laws presume that a spouse making less than two-thirds of the income of his or her partner is entitled to maintenance, as well as a contribution or full payment for attorney fees. The length of the marriage is taken into consideration in determining the amount and duration of support. The statute reads that section 237 b (4)(A) provides for lifetime maintenance for marriages of more than 25 years.

How is spousal maintenance awarded?

Spousal maintenance can be awarded during litigation to maintain the marital status quo. Under New York State divorce laws, it is part of the divorce negotiations and settlement.

How is spousal maintenance impacted by prenuptial and postnuptial agreements?

If you or your spouse signed a nuptial agreement waiving your rights to spousal maintenance, you may not be able to collect it after your divorce. However, because this entails a complex area of divorce law, the existence of such contracts is something that should be discussed with an attorney in Buffalo before you attempt to seek maintenance.

What is temporary maintenance?

Temporary maintenance refers to the monetary support ordered to be paid to a spouse during the period of the divorce proceedings. This support may become permanent after the divorce is finalized.

How is temporary maintenance calculated?

Changes in laws governing maintenance change the ways temporary maintenance is awarded. A formula akin to the one used by the courts to determine child support is now used to award ongoing support to either spouse.

Let Us Help You “Live Happily Ever After”

Our attorneys have a thorough understanding of New York law. We have the experience to get you back on your feet and ready to move on with your life. To inquire about our law practice, contact the Buffalo divorce lawyers at Venzon Law Firm PC at 716-854-7888, or complete our quick contact web form.