Spousal Support

Spousal Support



Divorce | Family Law | Uncontested Divorce | Child Custody & Visitation | Child Support | Divorce Mediation | Property Division | Spousal Support

Alimony, spousal support and spousal maintenance are all legal terms used to describe money paid by one spouse to the other, during or after divorce, for the purpose of financial support. Courts decide whether the maintenance will be temporary, durational (for a specific amount of time) or non-durational (permanent, lasting a lifetime). By working with a competent lawyer, like Chris Palermo, you can make wise and informed decisions about whether to seek spousal maintenance or whether to oppose spousal maintenance being sought. An experienced divorce attorney can help evaluate whether spousal maintenance is reasonable, help you work out the details and also protect your rights.


Not all divorce cases involve spousal maintenance, and in fact, many divorces today do not address it as an issue. However, when a party does seek spousal maintenance, the courts evaluate the following factors:

  • The income and property of respective parties
  • The marriage duration
  • The age and health of both parties
  • The present and future earning capacity of both parties
  • The ability of the party seeking maintenance to become self-supporting, and if able to do so, the time and training required
  • Reduced or lost lifetime earning capacity of the party seeking maintenance due to foregone or delayed education, training, employment or career opportunities during the marriage
  • Presence of the children from the marriage in the parties’ respective homes
  • The tax consequences to each party
  • Contributions and services of the party seeking maintenance as a spouse, parent, wage earner and homemaker and to the career or career potential of the other party
  • The wasteful dissipation of marital property by either spouse
  • Any transfer or encumbrance made in contemplation of matrimonial action without fair consideration
  • The loss of heath insurance benefits upon marriage dissolution
  • Any other factor the court finds to be just and proper

In determining maintenance, the court evaluates the couple’s standard of living prior to divorce, the supported spouse’s ability to become self-supportive and the other spouse’s ability to provide support. Most courts today award durational spousal maintenance, which makes non-durational support the exception rather than the rule. Courts award temporary (called pendente lite) spousal maintenance while a divorce case is pending. The temporary order automatically ceases when the court decides on the spousal maintenance being sought as part of the final divorce judgment.

As an experienced Long Island divorce lawyer, I can provide you with effective legal guidance to weigh the important aspects of spousal maintenance and help you obtain your legal objectives.

Request a free, no-obligation consultation via email or call me at (631) 780-0085.

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Child Support
Child Custody
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Father's Rights
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Spousal Support
Uncontested Divorce

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