1940 Commerce Street, Suite 305, Yorktown Heights, New York 10598


Trust a Divorce Attorney to Assist with Spousal Support Matters

New York offers temporary and final spousal support

The Law Office of Gordon B. Fine has helped many families in Westchester, Putnam and Dutchess county communities deal with divorce-related financial support issues, including spousal support or alimony. In recent years, spousal support has grown more complicated, as more and more families earn two incomes.

The goal of spousal support is to enable the spouse seeking maintenance to become financially self-sufficient. It is separate and distinct from obtaining child support.

The New York guidelines for temporary support

New York passed a law in 2010 to encourage fairness and consistency, especially among lower-income families, for temporary spousal support. The law introduced a specific formula for judges to calculate the level of support and factors to consider in awarding temporary spousal support.

A spouse seeking support can request it through divorce or separately. A New York Supreme Court judge determines the final award, which could last for a set time period, until the spouse receiving support marries, or until one spouse dies. It could also be ordered to be paid out over time or in a lump sum.

A judge considers many factors when determining a temporary spousal support award

While the divorce is pending, a spouse can request temporary support. The judge considers many factors in determining a temporary award of spousal maintenance, including:

  • Income and property of both spouses
  • Length of the marriage
  • Age and health of both spouses
  • Present and future earning capacity of both spouses
  • A spouse’s need for education and training
  • Physical custody of young children
  • Care for other family members
  • Payment of exceptional additional expenses
  • Tax consequences for both spouses
  • Equitable distribution of marital property
  • Loss of healthcare insurance benefits

Final support orders take several factors into account

A New York Supreme Court judge considers the following when determining the final spousal support award including:

  • The standard of living established during the marriage
  • Whether the spouse seeking support lacks adequate property and income to provide for her or his own reasonable needs
  • Whether one spouse has enough property or income to provide for the reasonable needs of the other spouse

Find out if spousal support suits your situation — get your free initial consultation at our Westchester County office

The Law Office of Gordon B. Fine, located in Yorktown Heights, serves all of the towns in Westchester, Putnam and Dutchess Counties, and all of the communities including Yorktown Heights, Peekskill, White Plains and Carmel. We advocate for the rights of spouses seeking financial support and for the rights of spouses asked to pay it. Call us today at 914-245-6250 or contact us online to schedule your free initial consultation. We offer MasterCard and Visa payment plans for the convenience of our clients.


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