Alimony, spousal support, spousal maintenance, or domestic partner support (collectively, spousal support) is generally financial support in the form of periodic payments (usually monthly) paid by one spouse or domestic partner to the other spouse or domestic partner upon divorce.
The person paying spousal support or the person receiving spousal support may seek to modify the court’s order for support—usually by increasing it or decreasing it—due to a material change in circumstances of the person paying support or the person receiving support.
Spousal support laws vary from state to state and are generally located in a state’s statutes—often in the family or domestic code.
In New York, spousal support, also known as spousal maintenance, is financial assistance provided by one spouse to the other during or after a divorce or legal separation. The purpose of spousal maintenance is to help the lower-earning or non-earning spouse maintain a standard of living similar to that enjoyed during the marriage. New York courts consider several factors when determining the amount and duration of spousal maintenance, including the length of the marriage, the age and health of both parties, the present and future earning capacity of both parties, and the need of one party to incur education or training expenses. The state uses a formula to calculate temporary spousal maintenance for couples whose combined income is below a certain threshold. Either party can request a modification of the spousal maintenance order if there is a substantial change in circumstances, such as a significant change in income, job loss, or illness. The modification process requires showing the court that the change in circumstances is material and that it affects the ability to pay or the need for support.