Spousal Support Considerations New York

Summary

In New York, spousal support is determined by factors such as the duration of the marriage, income, and health of both parties. Even if you havent worked due to severe depression, the court may consider other evidence like testimonies. The lack of health insurance could impact the decision. Besides money, you can request health insurance, medical expenses, life insurance, educational expenses, and legal fees. The amount should cover living expenses and needs. Consulting a family law attorney can help determine a specific amount to request.

Full Conversation

Spousal *
It seems like you have a question related to spousal matters. Could you please provide a bit more detail about your situation? For example, are you looking for information about divorce, spousal support, or something else?
Spousal support in New York state
In New York, spousal support is determined based on several factors:
- Duration of the marriage
- Income and property of both parties
- Age and health of both parties
- Present and future earning capacity
Do you need information on how to file for spousal support or how it's calculated?
Want to know if husband can get out of paying spousal support because I have not worked in the past few years
Case Rating: *
In New York, spousal support is determined based on multiple factors including the duration of the marriage, income, and earning capacity of both parties. Even if you haven't worked in the past few years, it doesn't automatically exempt your husband from paying spousal support.
Do you have any children from the marriage?
Yes
Case Rating: *
In New York, having children can also affect spousal support decisions. The court will consider the needs of both the spouse seeking support and the children. Would you like more specific information on how spousal support is determined in your situation, or do you need assistance with something else related to spousal support?
More specific to my situation
Case Rating: *
Understood. To provide more specific information, here are a few key factors that courts in New York consider when determining spousal support:
- Duration of the marriage
- Income and property of both parties
- Age and health of both parties
- Present and future earning capacity
- The need to care for children of the marriage
Given that you have children, the court will also consider their needs and how it impacts your ability to work.
Would you like more detailed information on how to file for spousal support or how it's specifically calculated in your case?
Yes
Case Rating: *
In New York, spousal support is determined by the court based on various factors. Here are a few more specifics:
- The standard of living established during the marriage
- The contributions made by the spouse seeking support (including homemaking)
- The tax consequences to each party
- Any loss of health insurance benefits upon dissolution of the marriage
Would you like to know the specific steps to file for spousal support in New York?
My husband said he will try to say that I voluntarily did not work so it would make payments less
Case Rating: *
In New York, the court will not solely rely on your husband's claim that you voluntarily did not work. The court examines multiple factors to determine if spousal support should be granted, including your contributions to the household and your ability to work given your role in caring for children.
Would you like to know more about the specific steps to file for spousal support in New York?
I did not work due to very severe depression. But I have no documents to prove it
Case Rating: *
In New York, mental health can be a significant factor in determining spousal support. If you don't have documents to prove your severe depression, the court may still consider other evidence, such as testimonies or your treatment history.
Would you like to know about the specific steps to file for spousal support in New York?
Will him not putting me on his health insurance the past few years matter in court
Case Rating: *
In New York, the court may consider the lack of health insurance as part of the overall financial situation and needs when determining spousal support. It could potentially impact the decision, especially if it affected your health or ability to work.
Would you like to know about the specific steps to file for spousal support in New York?
What other things should I request besides money when asking for spousal support
Case Rating: *
Besides money, you can request the following as part of spousal support in New York:
- Health insurance coverage
- Contribution towards medical expenses
- Life insurance to secure support payments
- Contribution towards educational or training expenses
- Payment of legal fees
Would you like to know more about how to file for spousal support in New York?
How much should I ask for
Case Rating: *
In New York, spousal support is calculated based on various factors including your financial needs and your husband's ability to pay. There isn't a fixed amount, but it should cover your living expenses and any other needs as determined by the court. Consulting with a family law attorney can help you determine a specific amount to request based on your situation.
Do you have any other questions related to spousal support?