This type of support is meant to enable a dependent spouse to obtain training or education to secure gainful employment after a divorce. Rehabilitative support is often granted to spouses who stayed at home during their marriage, or didn’t complete their higher education during the marriage, often to care for children. Rehabilitative support typically terminates when the receiving spouse becomes self-supporting, or another benchmark established by the Court or the parties themselves is reached.
Long-Term Spousal Support
Durational—or, under certain circumstances, non-durational— spousal support may be awarded after long-term marriages in which one spouse remained home to manage the household and raise children for a large percentage of the marriage. The recipient spouse may be older or developed a medical condition that would preclude them from re-entering the work force.
Long-term spousal support continues for a set period of time or until:
- The death of the recipient spouse or payor spouse;
- Remarriage of the recipient spouse;
- Specified conditions of the award, such as when a dependent spouse acquires a job;
Guidelines and Court Discretion
Courts in Syracuse follow general guidelines listed in NYDRL §236(B)(5-a)(h) when deciding whether to award spousal support and calculating final spousal support amounts. However, judges have discretion to deviate from the guidelines when they believe it is appropriate for the situation. Spousal support awards depend on many factors, including but not limited to:
- Length and standard of living of the marriage
- Incomes, the difference between those incomes, and current and future earning potential of the parties
- Age and health of the parties, as well as medical insurance costs
- Marital property division
- Cost of training or education for the lower-earning or dependent spouse
- Extra costs for child care and child support payments
- Non-financial contributions during the marriage