New York's divorce laws allow for the award of temporary or permanent spousal support/maintenance payments from one ex-spouse to the other based on need and ability to pay. The amount and duration are determined by statutory formulas that consider factors like each spouse's income, earning capacity, age, health, standard of living during the marriage, and the distribution of marital property. Support aims to prevent a higher-earning spouse from having a much lower post-divorce standard of living compared to the recipient spouse. Neither spouse can request support, though it is more common for the lower-earning spouse to receive it. Courts have discretion in deviating from the formulas when appropriate.
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