Divorce

Once you are in the process of a divorce, support is referred to as maintenance or alimony. If you are getting separated or divorced, the supreme court can award you temporary maintenance (which lasts while the divorce case is going on) and/or post-divorce maintenance, which applies once the divorce is finalized. For temporary maintenance and post-divorce maintenance, there are specific guidelines and a mathematical formula that determines how much you can get. The New York Courts website has an online calculator to help you figure out what you may be entitled to in temporary maintenance and a calculator to help you figure out what you may be entitled to in post-divorce maintenance. However, for both temporary and post-divorce maintenance, the judge can vary from the formulate if s/he determines that the guideline amount of maintenance is unjust or inappropriate.¹

Note: Even prior to filing for a divorce, you may be able to file for spousal support in family court while still married to your spouse.² To read the relevant law, go to our Selected New York Statutes page and read Family Court Act § 412.

¹ NY Dom Rel Law § 236; 236(5-a)(h) ,(6)(c), (6)(e)
² NY Fam Court Act § 412