When married people decide to separate, many factors need to be considered at the end of the divorce. Spousal maintenance is one of the main factors that need to be considered. It is also known as alimony. Unlike the regular child support payments made, there are no regulations in the United States law on how spousal maintenance should be calculated. This action allows plenty of room for discretion. Brooklyn alimony maintenance lawyers have enough legal experience in handling such matters and maintaining both sides of the case. If you want to protect your income or seeking a maintenance award, the Brooklyn alimony maintenance lawyers have the necessary knowledge and skills in handling such cases.
The main aim why spousal maintenance exists is to ensure that both individuals separating must remain supported during the separation process even after it has ended. The spouse who is considered to have a higher amount of income is told to support the one with a lower income an amount on a monthly basis. This action of maintenance is ordered to ensure that both people remain in the same standard of living after separation or divorce. In many occasions, the supported spouse will be allowed to get the necessary training and skills required to have the supported spouse to become self-sufficient. If both parties can support themselves, spousal maintenance does not apply to their case. Depending on your unique case, permanent or temporary spousal maintenance support can be supported.
Peden Lite is a maintenance support type that is referred to as temporary. For this reason, it is often ordered in the initial stages of divorce. Temporary alimony is often terminated once the supported party remarries or the desired goal is achieved. In long-term marriages, permanent alimony is often ordered where the other spouse has been supporting the other one for a long time. The court takes many factors into consideration when they want to deny alimony or order the amount of alimony needed to support the other spouse.
Some of the factors considered include:
1. The duration in which the separating parties have been married – An individual who has been married for a long time is more likely to obtain spousal support as opposed to those who have been in marriage for just a few years.
2. The income generated by both parties – The spouse. Regardless of the gender, who has higher income will be more likely to pay the one with less income after separation. This is conducted especially when the lower-income spouse has no capability to raise the amount of money needed to live in the current standard of life.
3. The ability to determine if the supported spouse will become self-sufficient after separation – If the judge determines that the low-income spouse will not become self-sufficient at the end of the game permanent spousal support may be ordered by the judge as a major possibility.
4. The judge will also see if the children live in their original home – For this reason, child support payments will accompany the spousal maintenance awards. The judge will also consider the number of kids living in the original home as well as the age of the children because it weighs much on the amount of money to be issued for spousal support.
5. Contributions made on behalf of the low-income spouse – The judge will as chose to consider the contributions made on behalf of the receiving spouse during marriage.
6. The earning potential for both parties – In spousal maintenance, future earning the potential of the parties is also considered. For instance, a medical student who is expected to graduate in the next few months should pay spousal support based on the amount paid as salary on medical residency.
7. Each’s education – When the richer spouse has the potential to earn more money due to a trade or college degree, income is never always a factor to consider in a court of law.
8. How the married parties lived when they were in union – The court always tries to uphold the living standards of each spouse that the supported children or parties had before they divorced.
9. The loss of the benefits associated with health insurance – The health insurance cost could also be a factor the court should consider to increase spousal support.
10. The potential tax consequences for both parties – Current and Future tax obligations have to be calculated and considered as a major expense in this entity.
11. Property transfer by both of the spouses – transferring ownership of properties to the relatives before or during the divorce process can affect the spouse who initiated the transfer negatively.
If you are currently expecting or dealing with spousal support during the divorce process, you can contact the Brooklyn alimony maintenance lawyers to schedule a consultation. Choosing the best will always give you the best results in your case.
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