What is Spousal Maintenance?

• As you go through the divorce process, you will hear the term “maintenance,” or “spousal maintenance,” which refers to support for a spouse.
• The court will consider a number of items in determining whether you are entitled to spousal maintenance.
• Since January of 2016, New York State has followed a statutory guideline for deciding on spousal maintenance which contains certain recommendations that guide the courts in determining maintenance.
• The courts consider disparity in income, length of the marriage, and other considerations such as your health, your age, your time in the workforce, the ages of your children, and any assets you might have.
• Maintenance is never automatic, but it is usually a consideration, so you should discuss it with an attorney.