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New York divorce: Obtaining spousal support

When getting a divorce, one’s financial future may seem a bit frightening. For spouses who have been stay-at-home parents or who make less than their soon-to-be exes, trying to figure out how they are going to get by economically can be challenging. Thankfully, for those who qualify, New York does allow for spousal support orders to be granted in divorce cases.

Spousal support may not be granted in every case or it may only be given for a short period of time. However, for those who do qualify for this support, it can seem like a life-saver. Monetary issues are some of the biggest faced following a divorce, as starting over is simply expensive.

There are two basic types of spousal support or alimony orders: temporary and final. A temporary maintenance order may be awarded for payment during the course of the divorce proceedings. When divorce proceedings are finalized, this order is no longer valid. A final maintenance order will have to be obtained in order to continue receiving support. A judge will look at a number of factors when deciding if a final maintenance order will be granted, including:

  • Income and assets of both spouses
  • Length of marriage
  • Age and health of both spouses
  • Education and career opportunities

Fighting for spousal support is certainly worth one’s time. It can make all the difference in how one is able to live and transition into post-divorce life. Those in New York who believe that they qualify for maintenance payments can discuss this with legal counsel so that the proper requests can be submitted in court.

Source: womenslaw.org, “Know the laws: New York Divorce — Can I get spousal support?”, Accessed on March 2, 2016

Important Information

COVID-19 (Novel Corona Virus)  Update 3-20-2020

By order of Governor Andrew Cuomo, beginning 3-22-2020, all non-essential business in New York state must close their physical offices in response to the rapid rate of positive reported cases of COVID-19 in New York State.

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Larkin, Ingrassia & Tepermayster, LLP


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