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Last Updated on: 2nd October 2023, 06:51 pm
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Understanding Spousal Support in New York Divorces
Spousal support or alimony is what is paid by one spouse to the other after the divorce. In most cases, the spouse who makes significantly more money is the one who pays. Spousal support can be a point of contention in a divorce. There are some spouses who feel they shouldn’t have to pay spousal support. Some who pay will contest the amount ordered by the court. If you are divorcing and feel that you are owed spousal support, you will need a lawyer to help you.
The family court will determine how much spousal support will be awarded and for how long. There are a number of factors that are used including:
- How long parties were married
- Evaluation of mutual treatment
- Income levels and occupations of both spouses
- Employability of both parties
- Contributions of party seeking support
- Calculation of debts and assets
- Both parties reasonable future assets
- Tax implications
- The age of both parties and health status
- Special situation or needs of both parties
If you need an attorney to give you more information about the process of spousal support, give one a call today. Your attorney will fight for equality and fairness. It is their goal to provide you with the best representation possible.
There are two types of maintenance: permanent and rehabilitative.
With permanent, the paying spouse is required to pay for food, housing, clothing, and most other needs. There should also be proof required to support the need. Once the payment is awarded, it will stay in effect for as long as needed. The court will monitor the situation to see if there is a change.
Rehabilitative maintenance is the most common type of maintenance. It is used as a temporary way of supporting a spouse until they become self-sufficient.
New York doesn’t set a firm time frame for spousal support. The court will make a decision on whether or not spousal support lasts for a year or will be paid for life. For instance, if a couple divorces and the spouse receiving maintenance goes to school, payments may be extended for a period of time. Although spousal payments are gender neutral, the vast majority of payers are men.
Spousal support requested outside the presence of a courtroom is rare. In order to ensure enforcement, the requesting party will need to hire an attorney. Most divorces are less than civil and people are into their feelings. Simply asking for spousal support may be a bit too much. This is why only a strong spousal support advocate can fight for you. They will call you in for a free consultation and develop a plan of action.
If you feel that you are entitled to spousal support, you need to seek out an attorney as soon as possible. Never leave anything to chance or take it for granite. You will need a professional to help you compile all of you information to present to the court. They will be your spokesperson for as long as you need it. New York attorneys are tenacious and aggressive. They will leave no stone unturned when it comes to helping their clients. Call an attorney today for a free consultation.