Buffalo, New York
When a couple separates or divorces, one spouse may be eligible to receive financial support from the other in the form of spousal support or spousal maintenance (previously referred to as alimony).
The two parties can reach a mutual agreement, or spousal maintenance may be an order of the court. Ideally, the purpose of spousal support is to allow a lower-income spouse to become self-sustaining after the termination of the marriage.
When one spouse offers financial assistance to the other during or after a divorce, this is known as alimony. This is done to help the divorced couple maintain financial equilibrium and prevent any negative economic consequences for the spouse who has a lower income. In many circumstances, the court will strive to maintain the couple’s previous quality of life while taking into account the financial changes that the divorce would bring in terms of income and tax ramifications.
Our team routinely assists clients dealing with spousal support and maintenance issues throughout the Buffalo area, including Amherst, Cheektowaga, Hamburg, West Seneca, and more, and has helped many individuals uphold their legal and financial rights through their divorce.
The state of New York, like child support, has criteria for courts to follow when assessing spousal support awards. There are two formulae, one for couples with children and the other for couples who do not have children. Both methods are based on net income, with minor changes allowed.
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:
The goal of spousal support is to care for the spouse and make him or her self-sufficient, which is distinct from the children’s support. Support is normally ordered for a set amount of time, depending on the conditions. A regular court order for spousal maintenance will also end when the supported spouse dies or remarries. In specific cases, support 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.
Alimony may be given to either spouse, not just the wife, depending on financial necessity. Depending on the unique variables involved, any spouse may be the principal salary earner today, and the other spouse may be eligible for alimony from the principal salary earner. Coupled with the many different types of support that can be granted—temporary or rehabilitative—every case is different.
Divorce is oftentimes stressful and complicated. Spousal support/alimony is one area where tensions may run higher than usual. Having an experienced Tully Rinckey divorce attorney by your side can help put you at ease.
Our attorneys have assisted families throughout the Buffalo area with their specific family law matters. When you retain our services, you can rest assured that we have seen cases similar to yours and can give you the guidance needed to realize your goals. Also, with a team of attorneys located across New York State and access to online consultations and bookings, we can assist you at any time and bill at lower rates than competing firms.
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 info@tullylegal.com
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