Spousal support is also called “Maintenance” and was formerly called “Alimony. The Court is likely to award no support when the remarriage is short and the parties are young and self supporting.

However, life time awards of maintenance are usually granted after a trial where the parties have been married for a long period of time and the parties are advanced in years, and there is a disparity in income, or if one of the parties is in poor health and unable to be self supporting or to become self supporting in the near future.

There is also such a thing as rehabilitative maintenance which is designed to provide a term of support to help the spouse to retrain or educate themselves so they can get a job.

There are several factors that the Court must consider in determining the amount of maintenance, whether maintenance will be warded at all, and for how long. The parties can always agree to maintenance in a separation agreement or prenuptial agreement. Be sure the agreement is prepared with the advise or counsel of an experienced New York Divorce Attorney as there are strict rules that must be adhered to in order to make it a binding enforceable agreement.

The Court must consider the standard of living of both spouses that was established during the marriage, the circumstances of the each particular case whether the spouse who is getting the award lacks sufficient means to provide for his/her living expenses and needs and whether the party paying the maintenance has the ability to pay. There are specific statutory factors which must be considered in determining amount and duration are: The income and property, the duration of the marriage and the age and health of each spouse the earning capacity of each spouse, the ability to become self supporting, having foregone an education or career opportunities during the marriage, children, tax consequences to each spouse, the transfer of property in contemplation of a divorce, the contributions or services made as a housewife, parent, wage earner or homemaker, to the career or license or business or enhanced earnings, the wasteful dissipation of assets and any other relevant factor including separate property, and egregious fault which must rise to a level that would shock the consciousness of the court. Ordinarily fault is not the major concern in awarding spousal support. Do I get more money if my spouse is at fault? Marital fault is irrelevant under the Equitable Distribution Law of New York and should be considered only when it shocks the conscience of the court. It is only one of many things to consider. In some counties egregious marital fault comes into play in fixing maintenance awards, and some courts will disallow spousal support if the spouse is cohabiting with and being supported by another person.