When a couple divorces, one spouse may seek alimony or spousal support from the other. In many cases, this is a reasonable request, and the sum can be decided upon by the couple or ordered by the court. The amount of alimony is decided independently from any division of marital assets and is based on the couple’s individual financial situation and background.
Unfortunately, alimony can be contentious for divorcing partners. Although divorce is rarely easy or pleasant, having an experienced New York alimony/spousal support lawyer on your side may help make the process go as smoothly as possible.
Knowledgeable Spousal Support/Maintenance Attorneys in Brooklyn
When one spouse offers financial assistance to the other during or after a divorce, this is known as alimony. This is done to assist the divorcing couple in maintaining their financial stability and to avoid any unfavorable economic repercussions for the spouse who makes the lower salary. In many cases, the court will make an effort to keep the couple’s standard of living the same while taking into account the financial changes that the divorce would entail in terms of income and tax repercussions.
Our team has helped numerous individuals uphold their legal and financial rights throughout their divorce. We frequently assist clients dealing with spousal support and maintenance issues throughout Brooklyn.
What is Spousal Support and How Does it Differ from Child Support?
Spousal support is not the same as child support. The distinction between the two is the purpose of the aid. In contrast to child support, the purpose of spousal support is to take care of the spouse and help them become independent. Typically, support is ordered for a specific period of time, depending on the circumstances. When the supported spouse passes away or remarries, a regular court order for spousal maintenance will also expire. In some circumstances, assistance could be made permanent or throughout the recipient’s entire life. With the assistance of an attorney, the Court may modify the amount and term to raise or reduce in certain cases.
What Factors are Considered by the Courts when Awarding Spousal Support/Maintenance in New York?
Similar to child support, the state of New York has guidelines that courts must adhere to when determining spousal support awards. There are two formulas: one is for married couples with children, and the other is for married couples without children. Both approaches are based on net income, with some leeway for modifications.
A variety of variables are considered when calculating the amount and duration of spousal support. Some of the factors the Court may consider are the following:
Age and Health: If the supported spouse is elderly or has a medical condition that makes it difficult for them to find work (thus preventing him or her from becoming self-supportive).
Needs of Each Spouse: The needs of each spouse are determined by a variety of factors, including the level of living set throughout the marriage as well as each spouse’s commitments and needs.
Self-Sustainability: Due to periods of unemployment spent on domestic chores or child-raising during the marriage, one spouse’s current or future earning ability may have been harmed. Following a divorce or separation, it is typically more difficult for this supported spouse to achieve self-sustainability. As a result, spousal assistance would assist them in developing marketable abilities for work, such as schooling, training, or obtaining a professional license.
Choosing Tully Rinckey for Your Spousal Support Matter
Divorce is already stressful and complicated enough. Spousal support/alimony is one area where tensions may run higher than usual. Having an experienced Tully Rinckey alimony lawyer on your side can help put you at ease.
Our attorneys have practiced in many of New York City’s Family Courts, including those in the five boroughs—Manhattan, the Bronx, Brooklyn, Queens, Staten Island—, Long Island, and Hudson Valley. With a team of attorneys located across New York State and access to online consultations and booking, we can assist you at any time and bill at lower rates than competing firms.
Our Brooklyn Spousal Support/Maintenance Attorneys are Available to Assist you Today
No matter your situation, the respectful, knowledgeable, and experienced attorneys at Tully Rinckey handle your legal representation with the care and attention it deserves. We protect your rights and fight to help you achieve the legal outcomes you desire. Let us represent you today.
Our spousal support/maintenance lawyers assist parents and families throughout the New York City metropolitan area, Long Island, the five boroughs, and lower Hudson Valley.
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