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Spousal Support / Alimony in New York

If there is a significant difference in the earning capacity of the parties to a marriage, spousal maintenance, formerly referred to as alimony, can be an issue in divorce or Family Court proceedings. The purpose of spousal maintenance is to equalize the financial ability of both of the parties to the marriage to maintain their standard of living during the pendency of the divorce proceeding and after the divorce is over. The amount of the spousal maintenance and the duration of the spousal maintenance relate to the relative incomes of the parties and the length of the marriage. In divorce cases where an agreement cannot be worked out between the parties concerning the issue of spousal maintenance, this matter is presented to the judge to make a determination on the issue. The judge takes into consideration the following factors when looking into the issue of spousal maintenance:

  • The age, health of the parties and whether either of the parties has special needs or disabilities.
  • The incomes of each of the parties over the past three years.
  • The earning capacities of each of the parties going forward.
  • The length of time the parties were married.
  • The standard of living maintained by the parties during the course of the marriage.
  • Did one of the spouses put their career on hold to raise the children and maintain the marital household?

Judges can also take into consideration the financial arrangements during the course of the marriage between the spouses when considering the issue of spousal maintenance. There are numerous different circumstances, events, and issues within the marriage a judge can take into consideration in dealing with the issue of spousal maintenance.

Experienced Divorce Lawyers You Can Trust

The best way to deal with this complex and emotional issue is to hire an experienced, knowledgeable divorce attorney to represent you in your divorce. The attorneys at the Law Offices of Schlissel DeCorpo have more than 100 years of combined legal experience representing clients on spousal maintenance issues in divorces. Contact our office today to discuss your situation.

Consulting with the Right Divorce Lawyers

There are many lawyers who handle divorce cases in New York. However, not all attorneys who represent themselves as being divorce lawyers have the skill, the dedication, the staff of accountants, investigators, paralegals and other attorneys behind them to achieve their clients’ goals in both negotiations and litigation. The staff of attorneys, paralegals, accountants, investigators, and support staff at the Law Offices of Schlissel DeCorpo work together as a team to help our clients obtain the best results in divorces and with regard to spousal maintenance issues.

Negotiated Settlements

Dealing with issues of child support, division of property, and spousal maintenance, in a negotiated settlement sometimes is a preferable route to litigating these issues before a judge. When settling financial issues the party making the payments to the other party can figure out what his or her expenses are and make plans for reorganizing their life in the future knowing what their financial obligations are.

Dealing with a spousal maintenance issue is both complex and emotionally charged. Why should you pay to support someone you are no longer married to? Why should you support someone you don’t necessarily like at this point? Unfortunately, the State of New York requires the better financed party to provide spousal maintenance, in some situations, to the lesser financed party. Having the best, most experienced and available attorneys can give you a step up in spousal maintenance negotiations and litigation.

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