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What New York considers when awarding spousal maintenance

When your New York marriage ends, you may ask yourself if you are going to be able to maintain the same lifestyle to which you have become accustomed. If you think you may not be able to do so, you may have a reason to seek spousal maintenance, or alimony, in your split.

According to the New York City Bar Association, certain factors determine if you receive alimony, and if so, how much of it you might receive and for how long.

What decides if you receive maintenance

While the standard of living you enjoyed during your marriage is an important consideration in whether you receive spousal maintenance, other areas also fall under the microscope. Whether your ex has the means to provide for your needs is often a determining factor. So, too, is your own ability to provide for yourself. Your level of education and degree of professional success, to date, may also come into play.

What decides how much maintenance you receive

New York courts often consider 20 different factors when determining how much maintenance you might receive and for how long. Some of these factors include the duration of your marriage, your age, health and employability and those of your former partner, and whether you made sacrifices so your ex could excel in school or the working world. Where your children live, if applicable, and whether you or your ex are also supporting other family members that are not children may also help determine whether you receive alimony.

Please note that this is not an exhaustive summary of all factors that determine whether you receive spousal maintenance from your ex in a New York divorce.