New York Spousal Maintenance Lawyer
When a divorce occurs, tensions often run high between both spouses. Because of this, there are many issues that can be hard to agree upon. One of the most common problematic issues is spousal maintenance, which involves having a court decide how much money the higher-income spouse should pay the lower-income spouse. However, what makes this issue so complicated is that unlike child support payments, courts have a wide area of discretion when deciding the amount of money to be paid. Therefore, it’s vital to work with a lawyer who understands these matters, such as a New York spousal maintenance lawyer.
Standard of Living
While there are many reasons why spousal maintenance is so important, perhaps the most important involves having the ability to maintain the current standard of living both spouses are currently enjoying. By making sure the lower-income spouse will be able to obtain additional education and training if necessary, the courts will try to ensure self-sufficiency is achieved. However, in some instances where both spouses are deemed to be able to support themselves financially, the court may rule that no spousal maintenance is needed.
Temporary or Permanent Alimony?
As divorce proceedings begin, courts often order temporary alimony to be paid to the lower-income spouse. Issued for a certain period of time, it is ended when self-sufficiency is attained or when the spouse is once again married. However, in marriages that have existed for many years, permanent alimony is ordered if one spouse has supported the other during most or all of the marriage.
Losing Health Insurance
In today’s world, losing one’s health insurance can mean financial ruin if an illness occurs. Because of this, couples in the midst of a divorce may find the court will take the possibility of one spouse losing health insurance into consideration when determining spousal support. If one spouse has to purchase health insurance on their own, the court will often factor that into the amount of support to be paid by the higher-income spouse.
If a spouse has achieved a certain level of education that could result in higher future earnings, that may be taken into consideration by the court when deciding the amount of financial support to be paid. Therefore, if a spouse possesses a college degree or a skill learned in trade school, they may find themselves paying more in spousal support.
Are Children Involved?
If a couple had children while they were married, this can play a large role when the court tries to determine spousal maintenance. Since in many cases child support payments are already being paid to the lower-income spouse, the court will look at a number of other factors to determine the proper amount of spousal maintenance to be paid. These can include the ages of the children, the number of children involved, and other factors.
Get the Results You Need
Whether you are a lower-income spouse seeking the amount of money needed to be self-sufficient or a higher-income spouse trying to ensure you pay only what is fair, using the services of a New York spousal maintenance lawyer can make all the difference. To schedule a free consultation, call us at 212-300-5196 or 888-608-3420. By doing so, you will take the first step toward achieving the fair and equitable results you seek.