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Calculating Spousal Support in New York

In New York, the law governing spousal support (also known as spousal maintenance) has one overarching goal: for the party receiving support to eventually become financially independent. With that goal in mind, it is very rare for courts in New York to grant spousal support for an indefinite term.

Unlike child support, there is no strict formula that New York courts follow in awarding spousal support. The most important factor considered in awarding spousal support is the standard of living that the supported party is accustomed to.

When the parties are involved in a divorce, the court will consider an award of spousal maintenance if either party requests it. There are several factors the court will consider, including:

- The property and income of both parties
- The duration of the marriage
- The age and health of both parties
- The present and future earning capacity of both parties
- The ability of the party seeking maintenance to become self-sufficient, and the amount of time and/or training it will take
- The reduced or lost lifetime earning capacity of the party seeking support as a result of having delayed education, training, or career opportunities during the marriage
- The presence of children of the marriage in the homes of the parties
- Tax consequences for each party
- The waste of marital property by either spouse

As in most states, New York courts are not limited to these factors. They have discretion to consider any information which might change the amount of spousal support.

For more local legal information, please see these pages:
New YorkLawyers

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