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Will I Receive an Award of Maintenance in My Divorce Action

In New York, you may be entitled to maintenance, if you are the non-monied spouse and you need support to maintain a reasonable standard of living. Maintenance can be awarded in both contested and uncontested divorce cases. The court may consider a variety of factors when determining whether to award maintenance and the amount and duration of the award.


Some factors that the court may consider when determining maintenance include:


The length of the marriage

The income and property of each spouse

The age and health of each spouse

The present and future earning capacity of each spouse

The need of one spouse to incur education or training expenses

The presence of children in the household

The standard of living established during the marriage

The equitable distribution of property

It's important to note that maintenance is not guaranteed in every case, and the court has discretion to determine whether to award maintenance and the duration of the award based on the unique circumstances of each case.

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