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What factors must the court consider in deciding the amount and duration of New York spousal maintenance?

In determining the amount and duration of maintenance Domestic Relation Law section 236B(6)(a) provides that the New York court must consider the following factors:

  1. the income and property of the respective parties including marital property distributed pursuant to subdivision five of this part;
  2. the duration of the marriage and the age and health of both parties;
  3. the present and future earning capacity of both parties;
  4. the ability of the party seeking maintenance to become self-supporting and, if applicable, the period and training necessary to become self-supporting;
  5. reduced or lost lifetime earning capacity of the party seeking maintenance as a result of having foregone or delayed education, training, employment, or career opportunities during the marriage;
  6. the presence of children of the marriage in the respective homes of the parties;
  7. the tax consequences to each party;
  8. 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;
  9. the wasteful dissipation of marital property by either spouse;
  10. any transfer or encumbrance made in contemplation of a matrimonial action without fair consideration; and
  11. any other factor which the court shall expressly find to be just and proper.

Bronx divorce lawyer Bryan J. Hutchinson will fight for your right to spousal maintenance. We zealously represent divorce and family law clients for over 20 years in New York State Courts in the Bronx, Brooklyn, Queens, Manhattan, Westchester, and Nassau Counties. Call the Law Office of Bryan J. Hutchinson, PLLC at (718) 671-0900 for a confidential consultation.


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