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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

Posted

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.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

Posted

I agree very unlikely that she would have to pay alimony

Posted

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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