New York Spousal Support/Maintenance/Alimony Factors

In New York the support payments (if any) can certainly influence how the marital property distribution is awarded, which is why it can become a very intricate part of the final outcome of any divorce. Keeping this in mind, if you and your spouse are unable to reach and agreement on this issue, the Supreme Court will order support from one spouse to the other on a case-by-case basis as follows:

The court will determine temporary or permanent maintenance one case-by-case basis by considering the following factors:

(1) any income or assets of the parties including the property award;

(2) the length of the marriage and the age and health of the parties;

(3) the earning potential of both parties;

(4) If and how long it would take the party seeking support to become self-supporting;

(5) reduced or lost lifetime earning capacity;

(6) the presence of children of the marriage in the respective homes of the parties;

(7) the tax ramifications;

(8) contributions and services of the party seeking maintenance as a spouse, parent, wage earner and homemaker, and to the career or career potential of the other party;

(9) any dissipation of assets;

(10) any transfer or encumbrance made in contemplation of a matrimonial action without fair consideration; and

(11) any other factor which the court shall expressly find to be just and proper. (Consolidated Laws of New York - Domestic Relations Laws - Article 13 - Sections: 236)