Q&A ForumCategory: Family LawHow is spousal support determined after a long marriage?
Emily JohnsonEmily Johnson asked 10 months ago
I was a stay-at-home parent for most of our 12-year marriage while my spouse built a successful career. Now that we’re divorcing, I’m worried about how I’ll support myself financially, especially since I haven’t worked in years. How is spousal support determined, and how long can I expect it to last in a situation like mine?
1 Answers
911Lawyer911Lawyer answered 9 months ago
Emily, your situation is very common, and the good news is that New York courts recognize the financial impact of being a stay-at-home parent. Spousal support (also called maintenance or alimony) is designed to help a lower-earning or non-earning spouse become financially independent after a divorce. New York uses a formula to calculate temporary spousal support (while the divorce is pending), but for post-divorce support, judges have more discretion. They consider: ✔️ Length of the Marriage – The longer the marriage, the higher the likelihood of longer-term support. After 12 years, you can expect support to last for a significant period. ✔️ Income Difference – If your spouse was the sole breadwinner and you haven’t worked in years, this weighs in favor of higher support. ✔️ Your Contributions to the Marriage – The court recognizes that staying home to raise children and manage the household is a major contribution, even if you didn’t earn an income. ✔️ Your Earning Potential – If you need time to retrain, go back to school, or gain work experience, the court may grant support to help you transition. ✔️ Your Standard of Living During the Marriage – Courts aim to ensure that both spouses maintain a standard of living similar to what they had while married. ✔️ Age and Health – If you have medical issues or are close to retirement age, this could extend the length of support. How Long Will Spousal Support Last? New York has guidelines for the duration of spousal support, which depend on how long you were married: Up to 15 years → Support lasts 15-30% of the marriage length 15-20 years → Support lasts 30-40% of the marriage length 20+ years → Support lasts 35-50% of the marriage length For a 12-year marriage, you could expect support for about 3.5 to 5 years, though a judge can extend this if you have health issues, low job prospects, or special circumstances. If your financial situation improves significantly or your ex’s income drops, support can be adjusted. If you remarry or start living with a new partner, support may be terminated. What You Should Do Now 📌 Gather Financial Records – Know your spouse’s income, assets, and expenses to help negotiate fair support. 📌 Consider Job Training or Education – Courts are more likely to award support if you have a plan to become self-sufficient. 📌 Work with an Attorney – A divorce lawyer can help you negotiate the best possible spousal support arrangement to protect your future. You’re not alone in this—spousal support exists to help you transition to financial independence, and you deserve a fair settlement after years of supporting your spouse’s career. If you need guidance on what’s fair in your case, reach out to an attorney who can advocate for your financial security. This answer was generated by AI and is not 100% legal advice. For reliable support, consult one of our attorneys who understand the complexities of your case and can help you achieve a positive outcome.