When a couple divorces, one spouse may request to receive monetary support from the other. This exchange is referred to as spousal support, or spousal maintenance in New York.

In New York, the awarding of spousal maintenance is gender neutral. This means that spousal maintenance may be awarded to either spouse based on need and not on the spouse's sex. Spousal maintenance awards are based on a number of factors, all of which are defined in New York Domestic Relations Law. The most important factor considered by New York family courts is the spouses' standard of living. The court also considers other factors, such as the property owned by both spouses, the duration of the marriage, the skills and ability of both spouses for employment, and the age and health of both spouses.

A long-term marriage will often result in a greater spousal maintenance award than a marriage of a shorter duration. If one spouse has either been a homemaker or earned considerably less than the other spouse, these factors will be critical, especially with regard to a long-term marriage. A spouse who has cared for the home and raised a family instead of building a career will over time lose the ability to pursue a career and support him or herself post divorce. Therefore, the spousal maintenance award should reflect that. A spouse being in poor health or of an advanced age may also warrant a greater award of spousal maintenance. 

The purpose of spousal maintenance provisions in the New York Domestic Relations Law is to help the person receiving support become financially independent. When considering spousal maintenance, the court's focus will be on both the current status of the person seeking support as well as his or her future ability to become self-supporting. If maintenance is awarded, it can be limited to the time period needed for the recipient spouse to pursue additional educational opportunities or to build a career. If the person has the ability to obtain employment or education and eventually become self-supporting, any maintenance award will usually be on a temporary basis.

In New York, spousal maintenance is considered income, so the party receiving the support must claim the amount received as income on his or her Federal and State income tax return. Conversely, the person paying the support is entitled to an income tax deduction. When considering the amount of spousal maintenance to be awarded, the court will consider the tax impact of any support that is being either paid or received.

In most cases, spousal maintenance is set for a specific length of time; although, it is possible for maintenance to be ordered for life. Spousal maintenance can be terminated based on the following things: the death of either spouse, the remarriage of the person receiving the support, the passing of a certain number of years of payment, or the occurrence of any other event that is agreed to by both spouses. If the parties involved can come to an amicable agreement about the support, then they will be able to have more flexibility to define when it will end, as opposed to if they allow a court to decide this issue. Spousal maintenance in New York can only be changed if one of the parties petitions the court for a modification of support.

For more information about spousal support in the state of New York, go to the Divorce Net website.