Can a New York State inmate receive alimony/spousal support while incarcerated or when he's freed?

Asked over 1 year ago - Buffalo, NY

My loved one married a New York state inmate less than six months ago, will she have to pay alimony or spousal support if she files for divorce? She had been supporting him for a couple of years before they married.

Attorney answers (3)

  1. Marco Caviglia

    Contributor Level 19


    Lawyers agree


    Answered . Very, very unlikely. The spouse is not responsible for supporting an inmate in prison, and he has not had his ability to earn a living impaired as a result of her marrying him, epecially in a marriage of short duration, 6 mos.

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  2. David P. Badanes

    Contributor Level 12


    Lawyer agrees


    Answered . I agree very unlikely that she would have to pay alimony

  3. David Ivan Bliven


    Contributor Level 20


    Lawyer agrees

    Answered . I also agree - it's extremely unlikely she'd pay while he's incarcerated. Once he's released, that's another story - all the more reason not to waste any time & thus file for divorce/annulment right away. It's best to schedule a consultation with a Divorce attorney in your area.

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Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.


Alimony is the regular monetary allowance one ex-spouse may be required to pay the other after a divorce.

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