When a couple chooses to divorce, one spouse may try to seek alimony or spousal support from the other. In many circumstances, this is a reasonable request, and the amount is generally negotiated and agreed upon by both parties involved, or mandated by the court. The amount of alimony, also known as maintenance and spousal support, is decided apart from any division of the couple’s assets and is based on their particular financial circumstances.
However, alimony can be contentious for divorcing partners. Even though divorce is rarely simple, working with a skilled Rochester divorce lawyer may assist ensure that everything goes as smoothly as possible.
The practice of one spouse providing the other with financial support during or after a divorce is known as alimony. This helps the divorcing couple keep their financial stability and prevents any undesirable financial effects for the spouse who earns less money. While also considering the financial changes that a divorce would bring about in terms of income and tax ramifications, the court typically works to maintain the couple’s previous quality of living.
Our team assists clients dealing with spousal support and maintenance issues throughout Rochester and Western New York and has helped many individuals uphold their legal and financial rights through their divorce.
What is the Purpose of Alimony?
Unlike child support, spousal support is intended to care for the spouse and assist in their transition to independence. Usually, alimony is granted for a predetermined length of time, depending on the situation. A typical court order for spousal maintenance also expires when the supported spouse dies or marries again. Support orders may be made permanent or for the recipient’s entire life in certain circumstances. The court may change the amount and term to raise or reduce in some situations with the help of an attorney.
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?
The state of New York has requirements that courts must follow when determining spousal support awards, much like child support. There are two formulas: one for married couples with children and one for married couples without children. Both techniques are based on net income and allow for considerable flexibility.
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 granted to either spouse based on financial need. 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 different types of assistance that can be granted—temporary or rehabilitative—because every situation is different.
Choosing Tully Rinckey for Your Alimony Matter
Divorce is often stressful and costly. One area where emotions may be higher than usual is spousal support/alimony. An experienced Tully Rinckey divorce lawyer can help ease your mind.
Our legal team has assisted many families in and around Rochester with their specific family law difficulties, so you can be confident that we have seen situations similar to yours and can offer you the guidance required to achieve your goals. Furthermore, with a staff of attorneys situated throughout New York State and access to online consultations and booking, we can serve you at any time and charge 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.
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