A New York Court may direct either spouse to provide alimony to the other spouse depending on the standard of living of the parties established during the marriage, the property and income of the party seeking maintenance, and the ability of the other spouse to pay support. In determining the amount and duration of maintenance, the court should consider: (1) the income and property of the parties; (2) the length of the marriage, age, and health of the parties; (3) the present and future earning capacities of the parties; (4) the ability of the party seeking maintenance to become self supporting; (5) reduced or lost lifetime earning capacity of the party seeking maintenance as a result of having foregone or delayed education or employment during marriage; (6) the presence of children in the homes of the parties; (7) the tax consequences of spousal support; (8) the contributions of each party as spouses, homemakers, parents and wage earners – including contributions made to the career of the other; (9) wasteful dissipation of marital property by either spouse; (10) transfer of property for less than fair market value in anticipation of divorce; (11) loss of health insurance benefits upon dissolution of marriage; and (12) any other factor which the court expressly finds to be just and proper. (New York Domestic Relations Law Article 213 Section 236)

Family Law Sub-categories