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Frequently Asked Questions

6. Spousal Maintenance (Alimony):

Q: Will my spouse have to pay me maintenance (alimony) after the divorce, and if so, for how long?

ANSWER:If a Court is asked to make that determination, there are at least 11 factors that it will consider, as set forth in Domestic Relations Law Section 236 Part B(6). Here are several of what I consider to be the more significant of these factors:

  • the duration of the marriage and the age and health of each spouse;
  • the present and future earning capacity of each spouse;
  • your ability to become self-supporting;
  • reduced or lost lifetime earning capacity as a result of your having foregone or delayed education, training, employment, or career opportunities during the marriage;
  • the presence of children of the marriage in your home;

This is a complex determination and one that will be affected by a host of considerations.