As far out as this whole thing is, actually it is possible to get alimony in New York, in this case it could be argues several ways that the spouse will require several years training until she is employable and that as a result of the marriage, social security survivor benefits were forfited and would have continued until age 18, so it is possible that if she files for divorce she could get alimony.
New York Divorce Filing Requirements
A New York divorce may be filed for in a county where either spouse resides.
New York Divorce Grounds
The following are the New York grounds for divorce:
* living separate and apart for 1 year under the terms of a separation agreement which is in writing and signed and notarized;
* living separate and apart for 1 year under the terms of a judicial separation decree;
* adultery;
* abandonment for 1 year;
* imprisonment for 3 or more consecutive years; and
* cruel and inhuman treatment.
New York Alimony Laws
New York alimony or spousal support may be awarded to either spouse upon the following factors:
* the income and property of the spouses, including any marital property divided as a result of the dissolution of marriage;
* any transfer of property made in anticipation of divorce;
* the duration of the marriage;
* the wasteful dissipation of marital property;
* the contribution of each spouse to the marriage and the career of the other spouse, including services rendered in homemaking, child care, education, and career building of the other spouse;
* the tax consequences to each spouse;
* any custodial and child support responsibilities;
* the ability of the spouse seeking support to become self-supporting and the time and training necessary;
* any reduced lifetime earning capacity as the result of having foregone or delayed education, training, employment, or career opportunities during the marriage;
* whether the spouse from whom maintenance is sought has sufficient property and income to provide maintenance for the other spouse; and
* any other factor the court deems just and equitable.