If my wife graduated college and had a job but quit it voluntarily, is it likely that she will be awarded spousal support?

Part of her not working and free-loading is what led to our divorce starting. She is trying to get some of my income as spousal maintenance. Will she get it since she has a better education than me and choose to stop working? She blames it on depression and anxiety.

Asked on October 10, 2015 under Family Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you divorce, your wife may or may not be eligible for "maintenance" formerly referred to as alimony in NY state. Maintenance can be temporary or permanent. Temporary maintence is paid pending a divorce permanent maintenance is awarded after a divorce is final.
Whether or not maintenance will be awarded depends on numerous factors, some of which are  the length of the marriage the age and health of both parties the present and future earning capacity of both parties etc. It can all very complicated and quite frankly it might be time that for you to consult directly with a divorce attorney in your area. That having been said, unless she quit her job due to health issues, that will not work in her favor in any discusssions regarding maintenance.


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