bronx alimony maintenance lawyers
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New York state law includes provisions for alimony or maintenance in divorce cases. Alimony or maintenance is defined as a monetary support paid from one spouse to another, according to Cornell Law School. Maintenance or alimony can be paid on a temporary basis, during divorce proceedings. It can also be paid following the conclusion of divorce proceedings. New York law establishes certain parameters governing when and how maintenance or alimony is awarded in marriage dissolution proceedings.
In some New York divorce cases, temporary maintenance will be ordered or agreed to between the spouses. Temporary maintenance is designed to assist a spouse in a divorce case in meeting more immediate financial needs. It is based on a consideration of those needs, coupled with a recognition of that spouse’s standard of living that exited during the course of the marriage.
The state of New York has established very specific guidelines in regard to temporary maintenance. This includes a worksheet designed to calculate the presumed amount of maintenance potentially awarded on a temporary basis while divorce proceedings are ongoing.
Temporary maintenance typically remains in effect until a final divorce decree is entered in a case. In some cases, a temporary maintenance order may be altered or even eliminated in advance of the final divorce decree.
As a general rule, a court in divorce proceedings must follow the temporary maintenance guidelines established by New York law. A court is able to deviate from the state-mandated temporary maintenance guidelines is the result of the guidelines calculation proves to be unjust or inappropriate.
Post-Divorce Alimony or Maintenance
New York state law establishes some general guidelines that are utilized in calculating post-divorce alimony or maintenance. Unlike with temporary maintenance, New York law does not set forth a specific formula for determining or calculating post-divorce maintenance.
The factors that come into consideration when determining post-divorce maintenance include the length of the marriage, the potential earning capacities of both spouses, the ability of the spouse seeking alimony to become self supporting, and the overall health of both parties. Other considerations when determining Post-Divorce Alimony or Maintenance include the loss of income of one of the spouses as the result of giving up a career and the loss of health insurance benefits by a spouse as a result of the marriage termination.
Timeframe for Post-Divorce Alimony or Maintenance
New York law establishes two types of timeframes when it comes to post-divorce maintenance. Post-divorce alimony can be durational or non-durational.
Durational maintenance is alimony that is received following a divorce for a specified period of time. A set timeframe is established based on the premise that the receiving spouse will become self supporting during that period of time.
Non-durational maintenance is also known as lifetime alimony. It has no termination date. This type of maintenance order is rare in New York. Non-durational maintenance is ordered in situations that include a receiving spouse that is ill, older, or not likely to be able to find gainful employment.
If the party receiving maintenance remarries, the payments typically terminate. There can be possible exceptions to such a termination. However, they would be extremely rare.
Obtaining a Maintenance Order
A person has only one real opportunity to obtain a post-divorce maintenance order in a divorce case. A party to a divorce must file a motion to obtain post-divorce maintenance while the marriage dissolution case is ongoing. A person cannot go back and seek a maintenance order once a divorce case has concluded.
Once a post-divorce maintenance order is issued by a court, it cannot be changed. It is a truly final order that establishes what is to be paid in the way of maintenance into the future.
Retain a Skilled, Experienced bronx Maintenance Attorney
30-some years ago, alimony was more widely awarded in divorce cases. With the societal changes that have occurred over the course of the past generation, alimony or maintenance is not presumed to be awarded in a divorce case. For this reason, among others, retaining a skilled and experienced Bronx maintenance lawyer is important if a person desires to obtain this type of financial support through a divorce case.
The first step in hiring a capable Bronx maintenance lawyer is scheduling an initial consultation. Through an initial consultation, a prospective client is able to obtain more information about divorce and maintenance laws in New York. A person interesting in obtaining a divorce, and maintenance, is also able to obtain answers to important questions. As a general rule, no fee is charged for an initial consultation with a bronx maintenance lawyer.