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Are men entitled to spousal maintenance?

On Behalf of | May 30, 2022 | Spousal Support (Spousal Maintenance) |

Spousal maintenance is a payment made by one spouse to the other during or after divorce proceedings. Its purpose is to provide financial support to the less financially independent spouse.

It can be awarded as a one-off lump sum or as monthly payments on a temporary or permanent basis.

In New York State, neither men nor women are automatically entitled to spousal maintenance payments, but it is a possibility regardless of gender. It is down to a court to decide based on several factors.

What does a court consider when deciding?

In New York State, courts consider several factors when deciding whether or not to award spousal maintenance payments. These include the length of the marriage, each spouse’s financial needs and abilities, and the standard of living established during the marriage.

For example, if one spouse has a much higher income than the other, or if one spouse cannot work due to illness or disability, the court may decide that maintenance payments are necessary to maintain the standard of living of both spouses.

If you and your affluent spouse are divorcing and you are worried about how you will support yourself, you may be able to receive spousal maintenance payments. It is important to remember that spousal maintenance in a divorce proceeding is not a right, but rather it is something that the court may or may not award based on various factors.

Therefore, it is essential to discuss your situation with someone who understands the complexities of high-asset divorces and can help you with your case.