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

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.

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Filed under: Divorce Alimony Marriage
Attorney answers 3


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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I agree very unlikely that she would have to pay alimony


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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