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How is Maintenance Calculated in New York?

New York divorce law permits a less-monied spouse to seek maintenance (also known as spousal support) after the divorce matter has commenced. The purpose of maintenance is to assist the less-monied spouse in maintaining the current standard of living until he/she is capable of supporting him/herself. If maintenance is desired by one party, the judge will look at a variety of factors to determine if it is appropriate. A divorce attorney can advocate on your behalf to obtain desired maintenance.

Two factors that the Court will consider will be the length of the marriage and the future earning capacity of each party. If, for instance, the wife was a stay at home mother for twenty years while the husband worked outside of the home, it is likely that the wife’s earning capacity is significantly lower than the husband’s. In this case, it may be likely that the wife is awarded some type of maintenance.

The length of this support will depend on the individual circumstances of the parties and their potential to earn more in the future. However, gone are the days where Courts order lifetime maintenance. At The Law Offices of Seidner & Associates, our family law attorneys aggressively fight for our clients. We work diligently to achieve the best possible results for our clients in their divorce. For a free consultation regarding your divorce, contact The Law Offices of Seidner & Associates right away for a free consultation.


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