New York, NY asked in Child Support, Divorce and Family Law for New York

Q: My husband has supported me for 2 years as I started my business w/no salary. Will he support me until I can?

We have lived together for 6 years, 5 year old son, married for 3. After countless therapy attempts for high conflict, personality disorder and alcoholism it is time to leave for sake of son. Timing is not ideal as I have been dependent on him financially. We live in Brooklyn in a rental I could never afford on my own. It is a zoned school so I am not even sure we could afford a smaller place on my own. I can no longer hang on just because I am financially dependent. Do I have any options here? Or will I have to close my business and seek FT employment? Which is heartbreaking since I have invested so much time and money into it.

1 Lawyer Answer
Michael E. Underwood
Michael E. Underwood
  • Fayetteville, NY
  • Licensed in New York

A: Maybe. NY divorce matters have a calculation for spousal maintenance so if there is a large difference in income between you and your spouse you may be eligible for spousal maintenance and counsel fees during your divorce matter. The duration of spousal maintenance is between 15%-30% the years of marriage (not the years of living together). Child support is until your child is 21 or emancipated (18 and in the military or married, etc.)

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