Can a Husband Receive Alimony From His Wife in New York?

Although spousal support has historically been associated with husbands paying their wives, this is an outdated stereotype. New York’s maintenance laws are gender-neutral, meaning a husband may be entitled to receive alimony from his wife during or after a divorce, depending on the specific circumstances of the situation. Reach out to a knowledgeable spousal support and alimony lawyer at Dow Divorce Law today.

What is Alimony?

Alimony, legally referred to as spousal maintenance in New York, is an arrangement where one spouse provides financial support to the other during or after a divorce. The purpose is to address financial disparities between spouses and may help a lower-earning spouse meet their financial needs and work toward economic self-sufficiency when appropriate. The standard of living established during the marriage is one of several factors a court may consider. Maintenance aims to help the recipient become financially stable and self-sufficient.

What Types of Alimony Are Available in NY?

New York law recognizes several forms of spousal support, which each serve a different purpose. Consider the following.

• Temporary maintenance (pendente lite): Financial support paid while the divorce action is pending. It generally ends no later than the final divorce judgment or the death of either party.
• Post-divorce maintenance: Financial support paid after the divorce is finalized. Post-divorce maintenance may be awarded for a specific duration, and New York law also permits non-durational maintenance in an appropriate case.

Can a Husband Receive Alimony From His Wife in NY?

Yes, a husband can absolutely receive alimony from his wife in New York. Under New York law, spousal maintenance is gender-neutral, meaning the court evaluates the financial circumstances of both parties regardless of gender.

Does New York Law Favor Wives Over Husbands?

No, New York alimony law does not favor one gender over the other. When determining if maintenance should be awarded, and to whom, the court considers objective factors, such as:

• The income and property of each spouse
• The length of the marriage
• The age and health of both spouses
• The present and future earning capacity of each party
• Whether one spouse sacrificed their career or educational opportunities for the marriage (e.g., to care for children or manage the household)

The court focuses on the economic reality of the marriage rather than traditional gender roles. If the wife is the higher earner, she may be ordered to pay maintenance to her husband if he meets the criteria for support.

If you have questions about your right to alimony during your New York divorce, reach out to the skilled team at Dow Divorce Law today.