Amsterdam, NY asked in Divorce for New York

Q: Maintenance in NY state

Judge requested more information for our divorce filing. Married in 07, lived apart since 09 but never filed for divorce until now (unfortunately after the 2016 maintenance law enactment). She signed a waiver of spousal maintenance. I already pay support. I know that pre-divorce seperate living is taken into account, but I've been told I may still have to pay despite being apart for so long. I already pay child support amd medical Bills for my children who live between both houses. Is there a good case to refer to in regards to living apart and no requesting spousal maintenance? Thanks in advance.

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2 Lawyer Answers
Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Garden City, NY
  • Licensed in New York

A: What should be done is the spouse who is waiving support should have an affidavit that says that they are self-supporting and not requesting spousal support. If that spouse has an substantial income, then include that information in the affidavit.

George E. Patsis
George E. Patsis
PREMIUM
Answered
  • Lindenhurst, NY
  • Licensed in New York

A: It sounds like you reached a settlement agreement with you wife. If your wife waived maintenance it is highly likely that the Court will accept that waiver. If the Court is requesting additional information it means that something was missing from your wife's affidavit. It could also mean that the Court sees a large discrepancy between income levels. The Court could also be concerned your wife may become dependent on social services.

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