Determining maintenance or spousal support (formerly referred to as alimony) can be a complicated process. Whether you are seeking to collect maintenance or may be required to pay it, you need a skilled matrimonial/family law attorney to protect your interests and financial future. At our law firm, we are experienced attorneys who can explain the laws surrounding spousal support, inform you person of your legal options, challenge spousal support terms in court, and protect your individual rights.
Maintenance is a long or short term payment of money from the moneyed spouse to the non-moneyed spouse resulting from a divorce or legal separation. In October 2010, New York adopted a formula for interim spousal support, which may be awarded and is paid to the non-moneyed spouse during the pendency of the divorce action.
The Court may use this formula to determine a final support award. However, there are other factors the Court usually considers in fashioning an appropriate award post-divorce. Some of the factors that the judge is required to consider are: The non-dependent spouse's ability to pay; the financial circumstances of both parties; the time and effort that it will take for the non-moneyed spouse to become self-supporting; the age of the parties; the marital standard of living that was established; and a variety of other factors are considered.
Maintenance is generally designed to afford the dependent spouse adequate time to become self-supporting, whether by furthering their education, obtaining job skills or some other factor. In some cases, "lifetime" maintenance may be awarded where it is apparent that the dependent spouse lacks the ability to ever become self-supporting.
We are experienced in handling maintenance cases for parties ranging from those of moderate means to those who are well-off. Regardless of your financial status, the issue of paying or receiving spousal support must be handled by a highly competent and knowledgeable attorney, as the repercussions can be a disaster to your financial future. Our experience and knowledge in this area of the law will ensure that your maintenance case is handled with care and expertise that it deserves.