Knowledgeable Spousal Support/Maintenance Attorneys in New York City
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 earns the 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 New York City metropolitan area, including Long Island, the five boroughs, and the lower Hudson Valley, and has helped many individuals uphold their legal and financial rights through their divorce.
What is the Purpose of Spousal Support?
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.
What Factors are considered by Courts when Awarding Spousal Support/Maintenance in New York State?
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:
- 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.
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.
Choosing Tully Rinckey for Your Spousal Support Matter
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 team of attorneys has assisted many families with their specific family law matters; so, you can rest assured that we have seen cases similar to yours and can give you the guidance needed to realize your goals.
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, Nassau County, Suffolk County, and the 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.