No. You must apply for spousal support (also known as maintenance) through the Family Court or through the Supreme Court (in a divorce proceeding) for a determination. Alternatively, if you and your spouse have reached an agreement regarding spousal support you may stipulate to an amount in a written settlement agreement. During your divorce consultation, our attorneys will guide you through your rights and options.
The amount of support that will be awarded to a "non-monied" (or the spouse with less income) spouse will depend on numerous factors including the relative earning power of the parties, the difference in incomes, the lifestyle enjoyed by the parties during the marriage and the length of the marriage. During your divorce consultation, our attorneys will explain your rights and options.
Typically, if you are unemployed for good-cause and your spouse is receiving income from various sources, you will be entitled to support. The amount of support you will receive depends on factors such as the relative earning power of the parties, the difference in incomes, the lifestyle enjoyed by the parties during the marriage and the length of the marriage. Our attorneys will be sure to explain your rights and options.
Temporary Maintenance (or Pendete Lite relief) is support which is typically awarded to "non-monied" spouse by the court while a final determination of a divorce proceeding is pending. You must file a special application in order to obtain temporary support. Temporary support is determined based on New York State guidelines and can be calculated using a Temporary Maintenance Calculator. Final support award may ultimately vary from the temporary award.
Typically, the shorter the duration of the marriage, the shorter the obligation for support. In the case of a short-term marriage (less than a year), many courts will not require support to be paid to a "non-monied" spouse, unless there are extraordinary circumstances warranting an award of support. Support is determined on a case by case basis and will require the parties, or in the event a case is contested, a court, to consider numerous factors.
The best way to ensure that neither party revisits the issue of spousal support in the future is to execute a written Settlement Agreement or Stipulation of Settlement whereby both parties waive rights to support. While in some counties it is against public policy to waive rights to support in extraordinary circumstances, a well-drafted stipulation will ensure that under ordinary circumstances neither party will be able to revisit the issue of support.