Does a Period of Separation Count Toward the Length of a Marriage for Alimony
If a couple in New York separates after nine years of marriage, but does not file for divorce until the following year, is their marriage deemed to be less than ten years in length for purposes of spousal support, or is support awarded based upon the duration of the marriage at the time of filing despite their separation?
Re: Does a Period of Separation Count Toward the Length of a Marriage for Alimony
Under New York's terminology, "spousal support" is an amount that you may be ordered to pay to your spouse while separated, prior to divorce, and "spousal maintenance" is the amount that you may be ordered to pay after the divorce is final. See Sec. 412 of the New York Family Court Act. The terminology varies by state, but it's important to be accurate in your court filings.
When awarding spousal support the court considers a number of statutory factors including "the existence and duration of a pre-marital joint household or a pre-support proceedings separate household". It is thus possible to ask that a court consider the period of separation when evaluating the duration of the marriage for purposes of spousal maintenance.