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NYC Alimony and Maintenance Lawyers

November 12, 2017

Divorce can be a painful process for both partners. When money gets pulled into the mix, things can get even more complicated. Although the legal process can be challenging to navigate, having an experienced New York City alimony attorney can help simplify the process. For example, many people are unaware that the terms alimony, spousal support and maintenance all mean the same thing in New York. The fact is, money cannot always be equally divided in a marriage. During a divorce, the spouse making less money may need monetary support from the other to maintain their standard of living. This is especially true if one partner did not work outside of the home during the marriage.

Maintenance Support

Maintenance or spousal support is designed to help a spouse that is unable to adequately support her- or himself during the transitional period of a divorce. As family dynamics have shifted in recent decades, courts have become more reluctant to order alimony payments. This can sometimes make it more difficult for spouses who have devoted their time to playing a supporting role in a marriage to get the financial support they deserve.

There are many different factors used to determine spousal support. Having a knowledgeable attorney in your corner can help ensure that your needs are properly represented in court. The legal team at Spodek Law Group has been handling spousal support cases just like yours for more than four decades. They have a thorough understanding of the nuances of New York family law and can help ensure that your interests are protected.

Calculating Child Support in New York City

In 2010, the state of New York revised many of its divorce laws. Among these revisions was new guidance on rules concerning temporary spousal support. The period during which temporary maintenance or support can be received is limited to the amount of time it takes to finalize divorce proceedings. The goal of temporary support is to ensure that the spouse with less income is able to work towards regaining their financial footing while the divorce proceedings are underway.

Spousal support is only awarded when the requestor’s income is less than 2/3 of their spouse’s income. Although there are two different formulas used to determine the amount of spousal support to be paid, the overall goal is to reduce the income gap between spouses.

Once the divorce has been finalized, there is a chance that the spouse with less income will continue to receive maintenance payments. In those cases, a judge will establish an end date for the payments. Some cases may necessitate spousal support payments until a spouse remarries or dies.

Unlike the calculation of temporary spousal support during the divorce process, long-term maintenance support payments are not calculated using a formula. Prior to establishing the amount of maintenance payments, a judge will consider the following:

  • Length of the marriage.
  • Each spouse’s ability to work based on factors like age and physical conditions.
  • Amount of income contributed by each spouse prior to the divorce.
  • Other financial resources including property and assets.
  • Total income of each individual spouse.

Why Hire a New York City Alimony Attorney?

Spousal support decisions can be complicated. Whether you are seeking alimony or have been ordered to pay it, you need a lawyer that specializes in handling alimony cases. At Spodek Law group, we have seen it all. We understand that spousal support may not be awarded in all cases and can advocate on your behalf for a payment amount and length of time that work for you. With our highly skilled team working on your alimony case, you can focus your energy on getting your life back on track.

If you have been ordered to pay spousal support, we can advocate on your behalf to make sure the support payments are reasonable and do not create a financial hardship. We fight tirelessly for our clients and are committed to their satisfaction.

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