Spousal Support

Divorce Lawyers in Buffalo, NY

Financial support between spouses can arise while a couple remains married and during a divorce. New York Courts distinguish spousal support from maintenance, and the forum and order depend on the parties’ status and case history. The outcome is specific to each matter.

Support while married

A married person may request spousal support in Family Court. The court may review both spouses’ tax returns, pay records, and financial disclosures before setting an amount. A support petition and any existing order should be considered alongside a pending divorce case.

Maintenance during and after divorce

Maintenance is addressed in Supreme Court during a divorce. New York Courts publish separate temporary and post-divorce guideline worksheets and calculators. The calculations and relevant income caps can change, so current court forms should be used. Whether maintenance is ordered, its amount, and its duration depend on the applicable law and facts.

Common questions about New York spousal support

What is the difference between spousal support and maintenance in New York?

New York Courts use spousal support for support between people who are still married. Maintenance generally refers to support between former spouses and is decided in Supreme Court during a divorce case.

Where can a married person request spousal support?

A married person may file a spousal support petition in Family Court. The court considers the spouses’ financial circumstances and may request tax returns, pay records, and financial disclosure forms.

How is maintenance estimated during a divorce?

New York Courts provide current guideline worksheets and calculators for temporary and post-divorce maintenance. The applicable figures and result depend on the case, so use the current court tools rather than an older fixed amount.

What happens to a Family Court spousal support order after divorce?

According to New York Courts, a preexisting Family Court spousal support order ends when the final divorce judgment is signed unless the judgment specifically says the support continues as maintenance.

See the New York Courts spousal support overview and current maintenance worksheets and calculators. Law checked as of September 30, 2026.

If you are facing a support question during a marriage or divorce in Western New York, Cole Sorrentino can review the orders and financial facts with you.

    Contact Us


    By providing your phone number, you agree to receive text messages from Cole, Sorrentino, Hurley, Hewner & Gambino, P.C. Message and data rates may apply. Message frequency varies. If you wish to be removed from receiving future communications, you can opt-out by texting STOP, QUIT, END, REVOKE, OPT-OUT, CANCEL, or UNSUBSCRIBE.

     

    Client Reviews

    stars
    “Extremely professional, knowledgeable, and ethical firm. All my questions were answered almost immediately and I never felt like “just a number.” They truly care about their clients.”
    – Julie Momot

    Read More Reviews

     

    READ MORE ON THIS TOPIC:

    Two parents review a colorful school-year calendar with a child’s backpack nearby.
    Can a New York Child Custody Schedule Change During the School Year?

    Yes. A child custody or parenting schedule can change during the school year in New [...]

    Read More
    The Legal Implications of Common Law Marriage and Divorce in New York
    The Legal Implications of Common Law Marriage and Divorce

    In some states, a couple can live together long enough that they’re seen as married [...]

    Read More
    How to Handle False Accusations in New York Family Law Cases
    How to Handle False Accusations in New York Family Law Cases

    Facing false accusations in a family law case is a deeply stressful and overwhelming experience. [...]

    Read More