Spousal support cases are started with a spousal support petition in Family Court. There is no filing fee in Family Court.A spouse can file a petition in New York Family Court for the other spouse to pay spousal support even if they have not yet filed for divorce. If you are legally married and you are not living with your spouse and not already in the process of divorce, you can seek spousal support in Family Court. In New York State, a married person may file a petition in Family Court seeking spousal support from a current husband or wife. Family Court has special clerks to help people fill out the support petition and file the case. It does not cost any money to start a case in Family Court. The purpose of a maintenance award is to help the receiving spouse become financially independent after a divorce. A Judge will consider the couple's standard of living while married and the length of the marriage along with the potential for income for each spouse. A Judge will consider the couple's standard of living while married and the length of the marriage along with the potential for income for each spouse.