When a couple divorces, one spouse may ask the other for alimony or spousal support. In many cases, this is a reasonable request, and the sum can be decided upon by the couple or ordered by the court. Alimony, also known as maintenance and spousal support, is determined independently of any division of marital assets and is based on the couple’s individual financial circumstances and history.
Unfortunately, alimony can be contentious for divorcing partners. Even though divorce is rarely simple or enjoyable, working with a skilled Buffalo divorce lawyer may help ensure that everything goes as smoothly as possible.
Alimony is the term for when one spouse provides financial support to the other during or after a divorce. This is done to assist the divorcing couple in maintaining their financial stability and to avoid any unfavorable economic repercussions for the spouse with the lower salary. The court will frequently work to preserve the couple’s prior standard of living while also taking into account the financial changes that a divorce would entail in terms of income and tax repercussions.
Our team assists clients dealing with spousal support and maintenance issues throughout Buffalo and Western New York and has helped many individuals uphold their legal and financial rights through their divorce.
What is the Purpose of Alimony?
Spousal support, as opposed to child support, aims to take care of the spouse and help them become self-sufficient. Typically, alimony 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 specific cases, support orders can be made permanent or for the life of the recipient. With the assistance of an attorney, the Court may modify the amount and term to raise or reduce in certain cases.
What Types of Alimony Are Available In New York?
In New York, there are three types of maintenance: spousal support, temporary or pendente lite maintenance, and post-divorce maintenance. Pre-divorce maintenance is spousal support. Once a divorce petition has been filed, maintenance is known as temporary or pendente lite during the divorce process. Then comes post-divorce maintenance when the divorce is finalized.
What Factors Impact Alimony?
Similar to child support, the state of New York has standards that courts must adhere to when determining spousal support awards. There are two formulas: one is for married couples with kids, and the other is for married couples without kids. Both approaches are based on net income, with some latitude for modifications.
To calculate the amount and duration of spousal support, a variety of variables are considered. 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 lifestyle adopted 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 support would assist them in developing marketable abilities for work, such as schooling, training, or obtaining a professional license.
Depending on financial need, alimony may be awarded to either spouse. Depending on the particular conditions involved, any spouse could be the primary wage earner today, and the other spouse could be entitled to alimony from the primary wage earner, in addition to the many various types of assistance that can be granted—temporary or rehabilitative—every situation is distinct.
Choosing Tully Rinckey for Your Alimony Matter
Divorce is frequently difficult and stressful. Spousal support/Alimony is one area where tensions may be higher than usual. An experienced Tully Rinckey divorce attorney can help put your mind at ease.
Our legal team has helped many families in and around Buffalo with their individual family law concerns, so you can be confident that we have seen instances similar to yours and can provide you with the advice you need to achieve your goals. Also, 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.
No matter your situation, the respectful, knowledgeable, and experienced attorneys at Tully Rinckey will handle your case 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.
To schedule an initial consultation with a member from our experienced team, contact us 24 hours a day, 7 days a week, at 8885294543 or firstname.lastname@example.org
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