Understanding Your Rights in Divorce: Spousal Support and Alimony

When divorce is imminent, it is important that you are fully aware of your rights. In many cases, one of the spouses requests an order for spousal support. Even today, the topic remains controversial. There are those who feel that the spouse who earns less money is not entitled to receive maintenance of any type. But spousal support is at the discretion of the court. Because of this, you should have a highly-skilled attorney on standby to ensure you're treated fairly.

The Purpose of Alimony or Spousal Support

The purpose of alimony or spousal support is to help the receiving spouse live in the life to which he/she has become accustomed. It is also awarded in cases where the receiving spouse has little money and needs financial help. It is solely up to the judge to determine the amount of spousal support and how long it will be received. It could be on a temporary basis or for a longer period. It can also be administered in a lump sum award.

Calculating Spousal Support

Generally, the spouse who earns significantly more is the one required to pay alimony, if the court deems it necessary. The court will calculate income from a variety of sources including wages, property rentals, public benefits, and even investments. The court will use the New York state guideline formula to make the determination.

Determining the Type and Duration of Support

After the amount is determined, the next step determines whether the award is alimony or maintenance. If maintenance is awarded, it will be deemed as a temporary payment -- either long-term or a lump sum. However, in some cases, the court may forego spousal support altogether if the spouse is already receiving a significant amount in child support, the spouse has the means to earn for themselves, or other factors the court deems appropriate under New York state law.

Ending and Modifying Spousal Support

There are additional circumstances where alimony will end immediately. If the paying spouse dies, the receiving spouse remarries, or if there is a pre-arranged agreement. The court can also modify the spousal support at their discretion.

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Many individuals going through a divorce don't have a clue as to what their rights are. This is the reason why the experienced lawyers at the Spodek Law Group can help. We are prepared to fight for your rights. We will be by your side from start to finish. We are one of the oldest law firms in New York state. Our reputation precedes itself, and we have the happy clientele to prove it. If you are filing for a divorce and don't know where to turn, look no further than our experienced law group. We have offices all over Long Island and New York. We know that the stress of a divorce can take its toll. But, be reassured that will do everything in our power to lighten the load. If you feel the need to file for spousal support, we will be there to ensure the process is equitable and fair. Don't delay, call one of our friendly representatives today at 888-997-5177. You'll be glad you did.