Traditional profiles for families have changed over the years, and spousal support laws have adapted over time to reflect these shifts in societal norms. Courts no longer automatically order a husband to pay support to his wife, and the duration of payments and how they are calculated has been formulated as well.
It can be confusing to navigate new laws and the court system while going through a divorce, especially since statutes have changed recently in the State of New York. During the divorce process, it is important to know how the law might affect you financially.
Support laws in New York are complicated. You might need a family law attorney with knowledge of the court system to assist you. You can benefit from the assistance of an experienced Rochester spousal support lawyer from Tully Rinckey PLLC who can listen to your concerns and answer your questions about spousal support.
Many couples consist of one higher wage-earner and one who either does not work or has a lower-paying job. In these situations, one party may require financial assistance from the other to pay basic living expenses in the event of a divorce.
There are two categories of spousal support payments, primarily differentiated by their timing, that can be ordered by a court. Short-term or temporary support may be ordered while a divorce is pending to assist the receiving spouse with basic needs until the final divorce decree.
Later, a long-term financial support order may be ordered by the court as the divorce process is concluded. Support amounts are subject to a formula and include numerous factors, including the previous lifestyle of the divorcing couple, the length of the marriage, the health, education and the earning potential of both parties.
How Support is Calculated
The spousal support process begins with one party filing a petition in a Family Court or a motion with the divorce court requesting support. This request should state the reason for the request and a brief description of the relevant circumstances that justify support.
Spousal support is intended to meet a party’s financial need. As such, spousal support is typically meant to cover household bills and other expenses for the dependent spouse while a divorce action is pending as well as after a divorce concludes.
Factors Considered for Spousal Support
The objective of spousal maintenance is to allow a dependent spouse to become self-supporting. To that end, courts typically grant maintenance for a set period of time to allow the recipient time to obtain necessary education or job training. In some circumstances, maintenance may be ordered for life if a spouse is not expected to work due to age or illness.
In addition to New York using a formulaic calculation to determine the amount of support, other factors courts consider include:
Length of the marriage
Income and property of both parties after divorce
Marital standard of living
Age and health of each parties
Present and future earning potential of the parties
Consult with a Rochester Spousal Support Attorney Today
Spousal support and maintenance can be complicated even under the best of circumstances. However, your financial future may depend on receiving or paying a reasonable amount of support, so it is essential for you to approach the spousal support process with knowledge of how the formula and court system works.
You need the advice of a Rochester spousal support lawyer who understands the law, has experience in the court system, and could guide you through the process. Call Tully Rinckey PLLC at 8885294543 today to speak with one of our experienced and compassionate attorneys, or email email@example.com with any questions you have.
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