Alimony or spousal support is commonly sought when a couple chooses to divorce. While a reasonable request in most circumstances, the amount and frequency are generally determined and agreed upon by the parties involved or mandated by the court. Alimony is generally determined separate from any partition of marital assets and is based entirely on the couple’s specific financial conditions and history.
However, alimony arrangements can sometimes be a contentious issue for divorcing partners. While divorce is rarely simple or pleasant, having an experience Syracuse divorce attorney on your side can help make your planning and proceedings as smooth as possible
Alimony is when one spouse provides financial support to the other during or after a divorce. The goal of doing this is to help the divorcing couple maintain their financial equilibrium and avoid any unfavorable economic repercussions for the spouse with the lower salary. In many situations, the court will work to preserve the couple’s former standard of living while taking into account the financial changes that the divorce would bring in terms of income and tax repercussions.
Our team assists clients dealing with spousal support and maintenance issues throughout Syracuse and Western New York and has helped many individuals uphold their legal and financial rights through their divorce.
What is the Purpose of Alimony?
As previously mentioned, the purpose of spousal support is to care for the spouse and make them self-sufficient. Support is typically requested for a fixed period of time, depending on the circumstances. When the supported spouse dies or remarries, a regular court order for spousal maintenance ends. In some circumstances, support can be rendered permanent or throughout the recipient’s entire life. In rare situations, the court may, with the advice of an attorney, change the amount or term to increase or decrease.
What Types of Alimony Are Available In New York?
Spousal support, temporary maintenance (pendente lite maintenance), and post-divorce maintenance are the three types of maintenance available in New York. Spousal support is maintenance paid before the divorce. After a divorce petition is filed, maintenance is known as temporary or pendente lite during the divorce process. When the divorce is finalized, post-divorce maintenance follows.
What Factors Impact Alimony?
The state of New York, like child support, has guidelines for courts to follow 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 certain modifications permitted.
A number of factors are examined while calculating the amount and duration of spousal support. The following are some of the factors the court may take into account:
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. Depending on the specific circumstances, any spouse may be the primary wage earner today, and the other spouse may be entitled to alimony from the primary wage earner, in addition to the many different sorts of support that can be granted—temporary or rehabilitative—every situation is unique.
Choosing Tully Rinckey for Your Alimony Matter
Divorce is often stressful and difficult. Alimony and spousal support are two topics that could cause more conflict than normal. Having an experienced Tully Rinckey divorce lawyer on your side might help put your mind 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. 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.
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Let me begin with my continued respect and heartfelt thanks for all you did for me when a simple divorce spiraled out of control. As wounded as I was, I was painfully aware of the emotional toll the litigation was taking on you too. It was that empathy, accompanied by your phenomenal legal skills that kept me together during what was perhaps the most traumatic chapter of my life. I hope I am able to convey an impression of the depth of gratitude I have for you.
I retained Tully Rinckey PLLC for a child support modification, which became necessary following domestic violence incidents, my own disability as a result, and my children's increased needs. Tully Rinckey PLLC is professional, proactive and, most importantly, does not suffer fools. They focused on the legal arguments of the case and applied appellate decisions which were directly related. Most importantly to me, they took my case personally. As one who has seen many people promised the sun, moon and stars by attorneys who then treat them as a number, Tully Rinckey PLLC was invested in my case from the beginning. They were able to go directly to the heart of the matter without needing to destroy the other party. They kept the focus on my children's needs and, when the other party refused to settle and hired an attorney, Tully Rinckey PLLC went into overdrive making sure my children would get a fair hearing of the facts in court. They kept the main thing the main thing and her arguments on point. They also ensured that my disability accommodations were honored and was sensitive to the needs my disability created, which was incredibly important for my testimony. I have already recommended Tully Rinckey PLLC several times and will continue to do so.
I was represented by Ryan McCall in both custody and support matters. Ryan did an excellent job in both, and we were successful in both. I would highly recommend to anyone in need of great representation to contact Tully Rinckey and speak to Ryan McCall.
Thank you it was a pleasure doing business with you. Honestly, you made this experience painless. Much appreciated happy customer.
I would like to thank you for the wonderful job Tully Rinckey PLLC did on my behalf. In an unusual circumstance where the custody of my daughter changed for a period of 6 months because of Hurricane Irene, they managed to get the entire case dismissed.
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