Spousal Support & Maintenance

Divorce Settlement Agreement - Court Ordered Support

In New York, there is a difference between spousal support and spousal maintenance. Spousal support is paid to a spouse who is without sufficient income when divorce or dissolution is not imminent. Spousal maintenance (formerly referred to as alimony) is paid when a divorce is imminent, with the purpose of providing the opportunity to a spouse to rehabilitate him or herself and become self-supporting.

Typically, spousal support and spousal maintenance are for a finite period of time. The amount and length of the payments can be determined by the court or by agreement in a divorce settlement or separation agreement.

Whether entering into an agreement or pursuing your legal interests in court, it is advisable to have an experienced family law attorney counsel you, and represent your interests.

Factors for New York Spousal Support and Maintenance

Whether you are a stay-at-home parent or the primary wage earner in the family, you should understand the laws regarding spousal support and maintenance. Some of the factors courts consider in determining spousal support and spousal maintenance in New York include the following:

• Age
• Health
• Education
• Financial resources
• Time needed to become self-supporting
• Modifications of New York Spousal Support and Maintenance

The standard to modify spousal maintenance or spousal support is dependent on whether the terms were pursuant to a court order or pursuant to an agreement. Different requirements must be proven for a modification of spousal support and maintenance, depending on whether it was established by trial or by agreement.

For more information about New York spousal support laws and spousal maintenance laws, or to discuss your support matter with an experienced Staten Island family law attorney, please schedule a free confidential consultation by calling 718-447-3700 or filling out the intake form on the Contact Us page.

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