Speak with Matthew Ehrlich now at (212) 867-2240

Spousal Support

Spousal Support

New York Spousal Support/Maintenance Attorney

Spousal support, also known as maintenance or alimony is a rehabilitative support and the purpose of it is to help the receiving spouse gain financial independence after a divorce.

The court awards spousal support based upon a statutory formula.  In addition, there are several additional factors that the Court takes into consideration such as:

1) The standard of living during the marriage;

2) The reduced or lost earning capacity of a spouse as a result of having forgone or delayed education, training, employment or career opportunities during the marriage;

3) The age and health of the parties;

4) The present or future earning capacity of the parties, including a history of limited participation in the workforce; and

5) The need of one party to incur education or training expenses;

In a divorce each spouse must make a complete financial disclosure to the other spouse and prepare a Statement of Net Worth outlining assets, expenses and liabilities.


When deciding the amount of spousal support and how long a spouse should receive support, the court considers the following:

1)  length a marriage;

2)  age and health of parties;

3)  present and future earning capacity;

4)  income and property;

5)  eligibility to become self-supporting;

6)  need for education or training expenses;

7)  where the children live;

8)  need to pay additional expenses;

9)  equitable distribution;

10) tax consequences.

Spousal Support ends on the death of either party; remarriage of either party; a date specified in an agreement; or a date determined by the court.

When the court awards spousal support, it is in an amount that is fair under the circumstances.

In some situations, a court can award temporary support while a case is pending.

The proper spousal support whether you are seeking it from your spouse or you’re your spouse is seeking such payment from you is an essential component in a divorce action and should not be overlooked.

If you have questions about spousal support/maintenance/alimony, please contact New York Divorce Lawyer Matthew H. Ehrlich, Esq.  212.867.2240.