Long Island Alimony and Maintenance Lawyers
Maintenance, also called spousal support or alimony, is awarded during a divorce proceeding. Divorce is a legal end to a marriage. A divorce proceeding is the process of resolving issues related to the divorce like property distribution and child support. Only after those issues are settled is the divorce granted.
According to the state’s Domestic Relations Law 236, a person can receive maintenance in Long Island during and/or after their divorce.
The amount of maintenance in Long Island depends on a computation method and about 20 factors.
What are the Two Computational Methods Used in a Long Island Maintenance Request?
A judge will use on of two computation methods to calculate maintenance. The first method is used if the spouse requesting alimony is the same spouse who will be the custodial parent. The custodial parent is the spouse primarily taking care of a child.
The second computation method is used to calculate maintenance in two situations. The couple did not have any children. The second situation is if the spouse responsible for paying maintenance is the custodial parent. This means the spouse will pay alimony, but is also raising children born into the marriage.
Type of Maintenance Awarded in Long Island
In Long Island, an ex-spouse may receive one or both types of maintenance. The first type of alimony is temporary maintenance. This is awarded to a spouse during the divorce proceeding. It is a monthly payment one spouse pays to another for a short time. It stops after the divorce ends.
The second type of alimony is called permanent maintenance. This is alimony the ex-spouse receives forever unless one of two conditions apply. The spouse receiving the alimony remarries or dies the alimony stops.
What Factors Go into Calculating Alimony in Long Island?
The court can consider a variety of factors. These factors involve the length of the marriage and whether a spouse needs additional training or education to return to the workforce. Other factors considered when awarding alimony include, but are not limited to:
• The termination of child support awarded during the divorce
• Age of the spouses
• Health of spouses
• If the spouse receiving alimony is taking care of a family member (this does not include children)
• One spouse endured domestic violence or some other act the hinders their earning capacity
• The care of any stepchild, children or disabled adult child
• Tax consequences for both spouses
• The standard of living each spouse had during the marriage
• Any equitable distribution of marital property, income and assets. Marital property is the property acquired during the marriage. It is separate from any assets or property acquire prior to the couple getting married.
• Any wasteful dissipation of martial property. This refers to any transfers made in contemplation of divorce
• The amount of time the couple lived together prior to marriage
• The amount of time the couple lived together after they decided to get divorced
Contact an Alimony Attorney in Long Island about Your Alimony Case
Alimony is awarded to the spouse who is financially devastated by the divorce. Whether you or seeking alimony or fighting the alimony petition, contact us. We will help you. One thing you may not know is that a judge can consider any other factors they believe important to the alimony case. So, you need legal representation to help you understand what to expect.
Also, alimony can be modified. If you currently receive or pay alimony in Long Island and need help obtaining an increase or decrease, contact us. We will help you get the increase or decrease you need to stay financially afloat.
Contact us immediately for help.