Spousal Maintenance in New York
Long Island Spousal Maintenance Attorney Explains Court-Ordered Payments
During and after a
divorce, one spouse may be required to make monetary payments to the other spouse.
These payments - which are referred to as spousal maintenance or spousal
support - were designed to ensure a spouse has sufficient income to maintain
the pre-marital standard of living and to become self-supporting.
How Does Maintenance Work in New York?
According to New York State law, the court may award spousal maintenance,
also known as alimony or spousal support, to the lesser-monied or non-monied
spouse during and following a divorce. The court will first apply the
maintenance guidelines formula, and then will decide whether to deviate
from that formula based on certain circumstances. In addition, the court
will then determine how long maintenance will be paid, based on how long
it will take the spouse to be self-supporting.
How Is Maintenance Calculated in New York?
child support, there is a formula for determining how much a person will pay in maintenance—the
maintenance guidelines amount. Once the guideline amount is calculated,
then the court may determine whether to deviate from the formula based
on numerous circumstances, including but not limited to;
- The length of the marriage
- The standard of living the couple shared during the marriage
- Each spouse's current income or earning capacity
- Each spouse's vocational skills and his or her ability to earn an income
- Whether one spouse stayed home during the marriage to take care of the children
- Each spouse's assets and debts
- The age of each spouse
- The physical and mental health of each spouse
You should ask your attorney to review the probability of paying or receiving
maintenance and for what length of time.
Need a Lawyer for Your Divorce Case in Long Island?
Samuelson Hause & Samuelson, LLP, an experienced Long Island divorce lawyer can provide you with dedicated
legal counsel to ensure you are not receiving or paying an unreasonable
amount in maintenance. We have extensive experience in this area of divorce
law and are committed to using our resources and legal knowledge to help
our clients resolve their spousal support cases to provide them with financial security.
Contact our firm today to speak to a Long Island divorce attorney about alimony and learn
how we can help you assert your rights and protect your best interests.