Question:
I live in NY and have been married 7 yrs. I make more $, house was mine prior to marriage, no kids. What reasons would I have to pay support ans I thought NYS was a state that no longer had alimony for irreconcilable differences?
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Answer:
The court will consider a variety of factors in determining whether or not an award of maintenance is appropriate, the amount of maintenance, and the duration. These factors include but are not limited to the respective incomes of the parties (a greater disparity in income being more likely to trigger an award); the historical incomes/anticipated earning potential of the parties; the age and health of the parties (i.e. if the lesser earning spouse is also in poor health, an award may be more likely); and the marital standard of living.
There are two “calculator” available on the NY Courts website for both Temporary Maintenance (paid during the pendency of a Divorce Action), and Post-Divorce Maintenance (paid after a divorce is finalized). The link is available here:http://nycourts.gov/divorce/MaintenanceChildSup…
While these numbers are not always absolute, and the court may deviate from these presumptive numbers, you can plug your own figures into the calculator to try to get an idea of what you could have to pay—irrespective of the presence of children in your marriage.
Are you concerned that you will have to pay alimony to your spouse after divorce? Let our experienced Divorce Lawyers in Saratoga help you with your spousal support matter.
This legal question was provided by Avvo and answered by Jean Mahserjian, an experienced Saratoga Divorce Lawyer in Clifton Park. This does not consent an attorney client
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